Bringing dark patterns into light

It was like a scene from an Indiana Jones movie. Our hero enters the cave in search of treasure, and every maze-like turn brings another unexpected danger – tripped blades, out-of-control boulders, and snakes (“I hate snakes”). But we’re not talking about a rollicking adventure movie. We’re describing the experience of many online shoppers as they navigate certain companies’ websites to avoid digital dangers – e.g. Extra items in a consumer’s shopping cart, unauthorized charges, or accidental disclosure of personal information. This was the topic discussed at “Uncovering Dark Patterns: FTC Workshop” on April 29, 2021.

The seminar will explore the ways in which some websites and applications use user interfaces, which may intentionally or unintentionally influence consumer choices. Researchers, legal experts, consumer advocates and industry professionals will discuss what dark patterns are and their impact on customer experience. Topics that will be considered at the event include:

• How dark patterns differ from similar sales tactics used in brick-and-mortar stores;
• how they affect consumer behavior, including potential harm;
• whether certain groups of consumers are unfairly treated or may be particularly vulnerable;
• Applicable laws, rules and regulations; and
• Whether additional rules, standards or enforcement efforts are needed to protect consumers.

In advance of the symposium, the FTC is seeking research, suggestions for discussion topics and requests for panelists. Please email any relevant information to darkpatterns@ftc.gov by March 15.

we will aI will also post a specific request for comments related to dark patterns. You can submit comments until June 29, 2021 to the same email address.

Interested in participating? The Bringing Dark Patterns to Light event will be held virtually on April 29. Bookmark the event page to follow the link to the webcast, which will go live immediately before the event. Please follow the Business Blog for the latest updates on the solicitation and agenda.