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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. The reader is simply left to speculate.

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The Danger of Dark Patterns

LexBlog IP

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52
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Auld Lang Syne 2021 – Significant Events of the Past Year

LexBlog IP

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. In recent weeks, over a thousand companies have received these letters, which cover a variety of advertising and marketing practices, including endorsements , business opportunities and for-profit education claims.