The Federal Trade Commission (FTC) and two international consumer protection networks have announced the results of a review of selected websites and apps, revealing that a significant percentage may use dark patterns. These digital design techniques can manipulate consumers into purchasing products or services or compromising their privacy.
The International Consumer Protection and Enforcement Network’s (ICPEN) annual review, conducted from January 29 to February 2, 2024, examined 642 websites and mobile apps offering subscription services globally. Officials from 27 authorities in 26 countries participated. The review found that nearly 76% of the sites and apps employed at least one possible dark pattern, with nearly 67% using multiple such patterns. It was not reported whether these practices were unlawful or violated the laws of the affected countries.
Participants identified several types of dark patterns based on descriptions by the Organization for Economic Cooperation and Development. The most frequently encountered potential dark patterns included sneaking practices, which involve hiding or delaying information disclosure that might affect a consumer’s purchase decision, and interface interference, such as obscuring important information or preselecting options to steer consumers toward decisions favorable to businesses.
ICPEN coordinated its review with the Global Privacy Enforcement Network (GPEN), comprising over 80 privacy enforcement authorities. GPEN’s review—also involving the FTC—focused on websites and apps using design patterns encouraging individuals to provide more personal information than intended. Similar to ICPEN's findings, the majority of sites examined by GPEN used at least one potential dark pattern. While no findings indicated law violations, this collaboration highlights how dark pattern techniques can impact both consumers’ financial decisions and privacy choices.
Today's announcement coincides with the FTC officially assuming the presidency of ICPEN for 2024-2025. ICPEN is an international network of consumer protection authorities from over 70 countries aimed at protecting consumers worldwide through information sharing and global enforcement cooperation.
The FTC has long worked to identify and address businesses deploying deceptive and unlawful dark patterns. In 2022, it released a staff report titled "Bringing Dark Patterns to Light," detailing various dark patterns.
The Federal Trade Commission collaborates with counterpart agencies to promote sound antitrust, consumer protection, data privacy enforcement, and policy. The FTC will never demand money, make threats, instruct you to transfer money, or promise prizes. For updates and resources, follow the FTC on social media or subscribe to press releases.
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