Shining a Light on “Dark Patterns”: What All Companies Must Know About this Rising Area of FTC Advertising Enforcement

February 9, 2024 9:45am

Trent Taylor
McGuireWoods LLP

Andrew Lustigman
Olshan Frome Wolosky LLP

The FTC and other enforcers are rapidly increasing their focus on “dark patterns” in advertisement designs, which are practices that regulators believe can trick or manipulate consumers into buying products or giving up their privacy. In addition, the Commission also just released a new proposed rule governing subscription offerings/negative options. This spotlight session will explore:

  • Specific website design and advertising practices that are currently triggering enforcement activity
  • The types of allegations being brough by the FTC in cases where dark advertising patterns are alleged
  • How companies can avoid being the next target in this rising wave of deceptive advertising enforcement
  • Restoring your product’s reputation after it falls prey to a dark pattern
  • The FTC’s latest amendments to the rules governing subscription offerings/negative options and junk fees
    • Understanding what restrictions the new Negative Options rule would impose on practices such as prenotification plans, continuity programs, automatic renewals, free-to-pay subscription conversions, etc.
    • Evaluating industry response to the new amendments
    • Taking a look at recent enforcement and litigation stemming from negative options and forecasts for the future