FTC and international networks reveal use of dark patterns in consumer apps and websites

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

On July 10, the FTC and two international consumer protection networks announced the results of its review of the websites and apps that may use dark patterns to obtain privacy consent from consumers. The review covered 642 websites and mobile apps, revealing that a significant portion may use "dark patterns" — commercial techniques designed to manipulate consumers.

Conducted by the International Consumer Protection and Enforcement Network (ICPEN) and the Global Privacy Enforcement Network, the review found nearly 76 percent of sites and apps employed at least one dark pattern, with 67 percent employing multiple. Common dark patterns included hiding information and interface interference. For example, a sneaking practice would be hiding or delaying important disclosure information, often related to costs, to influence consumer decisions. Examples include adding non-optional charges at the last minute (drip-pricing) and automatically renewing subscriptions after a free trial without consent (subscription traps). The most common sneaking practice found was preventing consumers from turning off auto-renewal during purchase, observed in 81 percent of traders with auto-renewal subscriptions. Other prevalent issues were the lack of cancellation steps (70 percent) and not providing a cancellation deadline (67 percent). Forced action practices require consumers to perform an action or provide information to access certain functionalities – the investigation found that at least 66 percent of the cases reviewed required forced action.

While it was not determined if these practices violated laws, the findings highlighted potential impacts on consumer decisions and privacy. The announcement coincided with the FTC assuming the 2024-2025 ICPEN presidency.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Orrick, Herrington & Sutcliffe LLP | Attorney Advertising

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide