California First State to Ban Dark Patterns

California bans the practice of “dark patterns”. (iStock license)

On Monday March 15, 2021 California passed further regulations to ban the use of dark patterns or schemes to hoodwink consumers into doing something they did not intend while surfing online. Examples of dark patterns include tricking a consumer to click on something that caused him/her to make a purchase when he/she did not intend to do so.

The California Attorney General states that the “newly-approved regulations ban so-called ‘dark patterns’ that delay or obscure the process for opting out of the sale of personal information. Specifically, it prohibits companies from burdening consumers with confusing language or unnecessary steps such as forcing them to click through multiple screens or listen to reasons why they shouldn’t opt out.” The regulation even makes available a special icon that publishers or online content creators can use to help ensure compliance.

At the federal level, the FTC is scheduled to hold a virtual seminar on April 29, 2021 “to examine digital ‘dark patterns’ a term that has been used to describe a range of potentially manipulative user interface designs used on websites and mobile apps.”