ANALYSIS: FTC Dark Patterns Strategy Could Use Some Illumination

The Federal Trade Commission’s approach to combatting illegal “dark patterns” can be construed as an attempt at a comeback for the regulator after recent enforcement setbacks.

It’s my view that the FTC’s latest dark pattern guidance shows an emboldened agency testing out new enforcement strategies, but it stumbles in its attempt to combat these deceptive online marketing interfaces by issuing ambiguous guidance. Arguably, trying to decipher the FTC’s dark patterns strategy is akin to searching for the light at the end of the tunnel, as evidenced by a deep read of policy guidance originating from last year’s workshop and enforcement ...