The Federal Trade Commission (FTC) is intensifying its crackdown on digital design practices, known as “dark patterns,” which are alleged to manipulate consumers into decisions they might not otherwise make. These tactics, ranging from false countdown timers to hidden fees and confusing cancellation processes, have become a focal point for regulators, prompting both enforcement actions and potential new rules.
Dark patterns, sometimes seen in advertorials, include deceptive strategies like “confirmshaming” (guilt-tripping users into opting in), misleading text, buried disclosures, and difficult subscription cancellation processes. The FTC, which has been aggressively pursuing such cases, is also exploring rulemaking around junk fees, viewing them as another form of dark pattern designed to mislead consumers.
Though lawsuits and regulatory actions concerning hidden and misleading fees are not new, experts predict a surge in such cases in 2024. To minimize risk, brands are advised to avoid using visual or textual misdirection that pressures consumers, ensure that choices are easy to navigate, disclose unavoidable fees upfront, and clearly itemize fees at checkout.
As these practices face increasing legal scrutiny, companies are encouraged to consult with legal counsel early in the design process for websites, apps, advertorials, and other digital platforms to ensure compliance and avoid costly enforcement actions.
