Although the concept is not new, challenges to "dark patterns" are rising all over the country. The Federal Trade Commission, Consumer Financial Protection Bureau, state attorneys general, and class action plaintiffs increasingly cite this phrase in such complaints as deceptively enrolling consumers into negative option programs, signing consumers up for spam emails, and forcing arbitration agreements and class action waivers. But what are dark patterns, really? What makes them different from legitimate advertising designed to encourage consumers to buy products and services? And how are they unlike age-old unfair and deceptive practices that the FTC, state AGs, and class action plaintiffs have targeted for decades? Join Venable attorneys Ellen Berge, Ari Rothman, and Shahin Rothermel as they discuss the rise of cases targeting dark patterns and how to defend against them.
Ellen Berge, Partner, Venable LLP
Ari Rothman Partner, Venable LLP
Shahin Rothermel, Partner, Venable LLP