2. Scrutiny Over Dark Patterns Presents Further Challenges in Online Contracting

Regulators have taken an acute interest in digital contracting, concerning themselves with the means and manner used to sign up consumers for products and services. They have used their authority to identify unfair, deceptive or abusive acts or practices and to crack down on dark patterns. This focus should prompt market participants to invest renewed energy in their web and mobile platforms. In this guest article, Buckley attorneys discussed regulators’ considerations around dark patterns, judicial treatment and practical measures to reduce risk.

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