United States of America: Published FTC Report on dark patterns in e-commerce

On 15 September 2022, the Federal Trade Commission published a report on dark patterns in e-commerce titled "Bringing Dark Patterns to Light". The report examines the rise in sophisticated “dark patterns”. According to the FTC, dark patterns refer to tactics used in the marketplace to induce consumers to purchase products or services or to divulge their privacy. In particular, dark patterns are used in various industries, including in e-commerce and children’s apps, and are hidden in various online features such as cookie consent banners and subscription sales. The report focuses on four common dark pattern tactics: misleading or disguised advertisements, subscriptions or charges which are difficult to cancel, burying terms of service and fees, and tricking consumers into data sharing. The report also highlights several enforcement actions in each of these categories of dark patterns, provides a compilation of known dark patterns, and gives examples of how exactly different dark patterns operate to trick consumers.