What Are Dark Patterns?
Dark Patterns
Dark patterns are deceptive or manipulative designs on digital platforms that trick users into making unintended choices. Dark patterns can appear as designs that create misleading impressions, hide or delay disclosure of material information, lead to unauthorized charges, or obscure privacy choices. Some examples include advertisements deceptively formatted to look like independent editorial content; non-descriptive dropdowns, arrows, or small icons to hide the full cost and other terms, free trials that automatically convert to recurring subscriptions; and prominent cookie-consent banners that hide cookie-rejection options.
Why Do Dark Patterns Matter?
Dark patterns can be found in a variety of industries and contexts, including e-commerce, children’s apps, and subscription sales. Because dark patterns appear in a variety of industries, legal issues arising from dark patterns may implicate class actions, FTC enforcement actions, antitrust and competition laws, privacy laws, and state and federal consumer-protection acts.