Squire Patton Boggs’ Kyle R. Dull and Julia B. Jacobson recently authored an article published by Competition Policy International in the CPI TechREG Chronical, that details “dark patterns,” which are misleading or otherwise manipulative user experiences intended to influence a consumer’s behavior and prevent them from making fully informed choices. Dark patterns are not merely clever marketing gimmicks; rather, they are designed to cause users to unwittingly act against their personal preferences, such as signing up for services they do not want, purchasing products they do not intend to purchase, sharing personal information. In the article, Kyle and Julia review common dark patterns and how they are used in today’s digital world. They further analyze consumer protection and privacy regulatory developments targeting dark patterns and discuss best practices for digital service operators to help minimize regulatory sanctions, class actions and reputational damage arising from dark pattern practices.
Read the full article here.