The article highlights the prevalence of "dark patterns"—deceptive design tactics that manipulate users into actions they wouldn’t typically choose. Found in 76-97% of analyzed websites, these dark patterns exploit cognitive biases to control user behavior, often impacting privacy, spending, and autonomy. Examples include hidden costs, subscription traps, and misleading phrasing, which harm user trust and can be illegal under global regulations. Users can protect themselves by recognizing these patterns, questioning manipulative prompts, and reporting violations to authorities. FairPatterns advocates for fair design, aiming to help users and businesses foster a digital environment that prioritizes transparency and integrity.

In this insightful newsletter from Davis+Gilbert, Marie Potel-Saville, CEO of FairPatterns, and Paavana Kumar, Partner at Davis+Gilbert, delve into the growing issue of dark patterns—deceptive design practices in e-commerce that manipulate consumer behavior. They discuss the differences between acceptable advertising tactics and dark patterns, highlight the increasing enforcement actions from the FTC and state regulators, and outline the long-term damage these manipulative tactics can cause to businesses. The article emphasizes the importance of adopting ethical design practices to build trust, retain customers, and ensure compliance with evolving regulations.

This newsletter highlights the EU's push for a fairer digital environment through the Digital Services Act (DSA) and the upcoming Digital Fairness Act (DFA). Six months after the DSA's implementation, online platforms are becoming more transparent and accountable, with investigations into companies like Meta and TikTok underway. The Digital Fairness Fitness Check underscores the need to address dark patterns—deceptive practices that manipulate users—and protect consumer autonomy. Looking ahead, the DFA aims to further tackle these issues. Fairpatterns continues to champion user empowerment, focusing on transparency and informed choices in the digital space.