How can well-intentioned companies avoid employing dark patterns by mistake? And how can privacy professionals, particularly attorneys, effectively counsel their clients away from this common, yet all too prevalent, practice?
A change to California's state privacy law is the first regulation to directly take on dark patterns, threatening civil penalties brought under the state's existing unfair competition laws.
The FTC has assessed Fortnite maker Epic a total of $520 million in penalties, roughly divided between COPPA violations and the use of dark patterns to trick players into making in-game purchases.