PATHWAYS TO THE LIGHT: REALISTIC TACTICS TO ADDRESS DARK PATTERNS

This note looks to examine the deployment of Dark Patterns in user interfaces, particularly those with the purpose of collecting consumer data. Dark Patterns that are used for data collection are a serious consumer protection issue that is largely unspoken for by the public, regulators, and legal experts. Although new legislation that specifically caters to this issue would be recommended, there is already existing authority within the Federal Trade Commission that can address data collection by Dark Patterns. By raising awareness on what these tactics accomplish, one can begin to discuss how to limit Dark Patterns, and/or how to coexist with them.