FTC To Focus Enforcement Efforts On Dark Patterns

The Federal Trade Commission recently issued a new enforcement policy statement about “dark patterns:” programs that attempt to “trap” consumers into service contracts. These programs usually take the form of negative option marketing programs, according to the FTC, and are regulated under most states' laws as well as the Restore Online Shoppers Confidence Act (ROSCA).

Negative option programs begin as a free service, with a fee charged after a certain period of time. Under both ROSCA and state laws, companies must clearly and conspicuously disclose material terms to consumers before they make a purchase. They must also get express consumer consent to the negative option program, and give people an easy way to cancel.