Lessons from FTC Action on Dark Patterns in User Interfaces

Ceren Canal Aruoba examines the Federal Trade Commission’s (FTC) increasing focus since 2021 on digital “dark patterns”—manipulative user interface/user experience designs that deceive users into making choices against their interests.

Ms. Canal Aruoba provides an overview of how the FTC’s enforcement strategy has evolved from naming specific dark patterns to leveraging the Restore Online Shoppers’ Confidence Act (ROSCA), which mandates clear enrollment and simple cancellation processes for recurring digital services. Drawing on academic research on consumer behavior, she provides analytical tools, including surveys and content analysis, to assess customers’ cognitive states of mind to distinguish standard and lawful marketing from the types of misconduct regulators are trying to prevent. Ms. Canal Aruoba concludes that regulatory scrutiny is intensifying, with both the FTC and state attorneys general targeting data collection and sharing disclosures . She emphasizes the growing need for empirical evidence to clearly separate legitimate marketing from deceptive marketing practices.

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