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FTC Uncovers Widespread Use of Manipulative “Dark Patterns”

Client Updates / August 28, 2024

Written by: Haim Ravia, and Dotan Hammer

The U.S. Federal Trade Commission (FTC), along with two international consumer protection organizations, have uncovered that many websites and mobile apps employ “dark patterns”—design strategies that subtly manipulate consumers into making purchases or compromising their privacy. The study, led by the International Consumer Protection and Enforcement Network (ICPEN) and coordinated with the Global Privacy Enforcement Network (GPEN), reviewed 1,010 websites and apps, including 642 subscription-based platforms across various countries and languages. The findings revealed that nearly 76% of these platforms used at least one dark pattern, with 67% employing multiple tactics.

These dark patterns often involved hiding or delaying important information that could influence consumer decisions and using interface designs that push users toward options more beneficial to the business. Examples include hiding important information, making it difficult for users to turn off automatic renewals or cancel subscriptions, manipulating users by presenting options that favor the platform, complicating the cancellation process, and requiring extra steps to protect user privacy. Additionally, some platforms influenced user behavior with fake time limits, false popularity claims, or deceptive ratings, and repeatedly prompted users to take specific actions. In some cases, users were required to perform tasks, such as accepting cookies, to access a service.

Furthermore, the FTC announced its new role as president of ICPEN for the 2024-2025 term. In this role, the FTC will lead an international network of over 70 consumer protection authorities, working to exchange information and coordinate enforcement efforts to protect consumers worldwide.

Click here to read the FTC’s Press Releases about the results and its new role.

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