news January 19, 2024

Lauren Aronson Quoted in “Advertising Law in 2024: Attorneys Tuning in For ‘Clean Beauty,’ ‘Dark Patterns’ Developments”

HBW Insight turned to Lauren Aronson for insight into online marketing practices that will be on the regulatory radar in 2024.

According to Lauren, “‘Dark Patterns’ was a buzzword in the consumer protection world in the last year and a half, with the FTC ‘bringing them to light’ with a workshop and report. The FTC describes ‘dark patterns’ as increasingly sophisticated user interface (UX) design practices that trick or manipulate consumers into buying products or services or giving up their privacy. While the FTC views ‘dark pattern’ tactics as violating Section 5 of the FTC Act, over the past few months the FTC has proposed trade regulation rules that take aim at dark patterns as they appear in common marketing practices, potentially exposing companies that violate these rules to steep civil penalties.” In her remarks, Lauren outlined some of the rules that might go into effect in 2024.

Lauren further stated, “I anticipate that companies will seek to improve transparency by addressing marketing practices the FTC has branded ‘dark patterns’ as they become aware of the heightened risk of regulatory enforcement.”

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