Review finds a large percentage of companies use dark patterns

Orrick, Herrington & Sutcliffe LLP
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Orrick, Herrington & Sutcliffe LLP

Recently, the FTC, along with the International Consumer Protection and Enforcement Network and the Global Privacy Enforcement Network, shared their data and results on dark patterns in a review of selected websites, finding that “a large percentage” of websites and mobile applications may use dark patterns designed to manipulate consumers into purchasing products or giving up their privacy. Specifically, the report found that of the 642 websites during the review, 75 percent used at least one dark pattern, and 66 percent used multiple dark patterns.
 

The review listed the types of dark patterns it found:

  • Sneaking, which happens when companies engage in asymmetric information during a consumer’s purchase decision, like difficulties in turning off auto-renewal subscriptions
  • Interface interference, which occurs when companies frame information that steers consumers to decide in favor of the business instead of the consumer
  • “Confirmshaming,” which occurs when companies use language to evoke a particular emotion to manipulate consumers
  • Obstruction, which occurs when companies dissuade a consumer from acting, such as when the cancelation is more complex than enrollment
  • Social proof, when companies nudge consumers to decide on the supposed behaviors of other consumers.

The review also discussed additional dark patterns like forced action, urgency, and nagging.

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. Attorney Advertising.

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