We have seen increased regulatory actions and litigation arising from subscription services, opt-out challenges, hidden fees, and other examples of ecommerce devices designed to influence consumer behavior. This program will provide an overview of “dark patterns” – a decade-old term used to describe newer or increasingly popular marketing tactics, especially through ecommerce websites and mobile apps. Given growing attention to dark patterns, we will cover the rules and regulations affecting this space and discuss how companies and marketers can reach adequate transparency with consumers to ensure complaint marketing and sales.
Key topics to be discussed:
Understanding what dark patterns are and how they are implemented
Identifying how the Federal Trade Commission and other regulatory bodies are monitoring dark patterns
Considering private litigation that has emerged involving allegations of dark patterns to mislead consumers
Discussing how the industry is responding to growing attention to this topic and best practices to employ
Date: March 27, 2023
Renée Appel | Seyfarth Shaw LLP
Renée is an attorney with the law firm, Seyfarth Shaw LLP. Driven to help foster business growth, Renée advises clients on marketing compliant products and defends companies at every turn. On the compliance side, she regularly counsels personal care and cosmetics, skincare, and dietary supplement companies on labeling, consumer marketing, and risk management.
When involved in litigious matters, she defends companies in enforcement matters brought by federal and state regulatory agencies and in litigation concerning product safety, labeling, packaging, claim substantiation, advertising and marketing, and allegations of consumer protection statute violations. Renée is constantly staying abreast of legislative reform, class action litigation, and business trends in the personal care and cosmetics space, sharing both her passion and knowledge with her clients to ensure compliant industry practices, and sheltering them from exposure to litigation or government enforcement action.
I. Understanding what dark patterns are and how they are implemented | 12:00pm – 12:15pm
II. Identifying how the Federal Trade Commission and other regulatory bodies are monitoring dark patterns | 12:15pm – 12:30pm
III. Considering private litigation that has emerged involving allegations of dark patterns to mislead consumers | 12:30pm – 12:45pm
IV. Discussing how the industry is responding to growing attention to this topic and best practices to employ | 12:45pm – 1:00pm