Davis+Gilbert will speak at a ANA legal webinar on August 9. Gary Kibel, Davis+Gilbert Privacy + Data Security partner and Paavana L. Kumar, Davis+Gilbert Advertising + Marketing associate, will be presenting a session entitled “Dark Patterns: Regulators Implore Businesses to Avoid the Dark Side.”
Session Overview
State and federal regulators are increasingly focused on combatting so-called “dark patterns” – in essence, deceptive practices or formats that manipulate or mislead consumers into taking actions they would not otherwise take or want to take. Certain state privacy laws specifically define and prohibit the use of “dark patterns,” while the FTC has hosted workshops and issued a policy statement warning against the use of “dark patterns” in connection with negative option or subscription programs. Such “dark patterns” may involve practices that bury or hide the fact that a consumer is signing up for a program involving recurring charges, make it unreasonably difficult for a consumer to cancel participation in such a program, or undermine the user’s choice by employing tactics such as “confirm shaming.”
This webinar will cover:
- Why the FTC is putting a renewed emphasis on deceptive practices and formats that undermine consumer choice
- How are dark patterns addressed in privacy laws
- How companies need to carefully design their purchase flows, cancellation methods, privacy practices and other consumer communications to avoid coming under fire
- The risks of regulatory investigations and/or private lawsuits