6) How Companies Can Identify and Prevent Unlawful Dark Patterns

With the proliferation of online commerce today, regulators in the United States, Europe and elsewhere are paying more attention to online practices that trick or manipulate consumers into buying products or services they might not otherwise have bought, commonly known as “dark patterns.” The FTC has leveraged Section 5 of the FTC Act to bring enforcement actions against companies for using dark patterns. This article distilled practical analysis offered by Fieldfisher attorneys on types of dark patterns, key laws and regulations, and how to identify and prevent these unlawful tactics.

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