In its ongoing concern with "dark patterns," the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as "dark patterns" practices or web designs that "get consumers to part with their money or data" using deceptive or manipulative means. Both of the recent reports were completed by global consortiums of regulators of which the FTC is a member.
The first report, done by ICPEN, or the International Consumer Protection and Enforcement Network, looked at 642 global subscription services sites and apps. The report found nearly 76% contained at least one alleged dark pattern while 67% used more than one. Most typical was the inability to turn off subscription autorenewals. This was followed by a lack of information about how to cancel a subscription during enrollment or before an autorenewal.
The second report was done by GPEN, or the Global Privacy Enforcement Network. That report looked across industries, at 1,010 sites' and apps' privacy-related practices. According to the report, an alleged 97% had a practice GPEN viewed as a dark pattern. Counted as a purported dark pattern were privacy policies that were "excessively" long, had technical jargon, or confusing language.
Putting it into Practice: These reports signal some of the practices that the FTC and others may consider a dark pattern, in violation of Section V of the FTC Act. This is a reminder for companies to look at their online information collection practices, as well as disclosures (like privacy policies), to avoid potential deception and manipulation allegations.
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