Budge Studios Lawsuit, ASA Bans Misleading Ads, and CNIL’s GDPR Guidelines

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

1. Class Action Targets Budge Studios for Exploiting Kids with Dark Patterns
   A class action lawsuit filed on September 20, 2024, accuses Budge Studios, known for apps like Paw Patrol Rescue World and Bluey: Let’s Play, of exploiting children with dark patterns. Key allegations include:
   ➡ Apps marketed as educational but described as "full-length advertisements disguised as children's games."
   ➡ Pressure tactics through recognizable characters, time-sensitive ads, and limited free content to drive in-app purchases.
   
   This case highlights the growing need for transparency in apps targeting children.
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2. ASA Bans Nike and Sky Ads for Misleading Dark Patterns
   On September 25, 2024, the UK's Advertising Standards Authority (ASA) banned ads from Nike and Sky for using dark patterns to mislead consumers. Key details:
   ➡ Nike’s ad promoted trainers for £26 without clarifying that the price applied only to children’s sizes.
   ➡ Sky’s Now TV ad offered a free trial but hid automatic renewal details in small print, making it harder for consumers to cancel.
   
   Both companies have committed to revising their practices following the ASA’s ruling.‍
   
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3. CNIL’s 2024 GDPR Guidelines for Mobile Apps
   On September 24, 2024, CNIL released new guidelines for mobile app publishers to ensure compliance with GDPR. Key recommendations include:
   ➡ Clarifying the roles of ecosystem actors and ensuring transparency about data usage.
   ➡ Prohibiting dark patterns, such as requiring users to create accounts unnecessarily.
   ➡ Encouraging app stores to include options for reporting GDPR violations, particularly those involving dark patterns.
   
   These guidelines come as CNIL prepares for an inspection campaign in 2025, signaling a stronger stance on digital fairness.

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Conclusion:

This week’s highlights emphasize the critical need for transparency and ethical practices in the digital world. From protecting children from exploitative in-app purchases to banning misleading ads and strengthening GDPR compliance, these developments underline the global push for fairness and accountability.

At Fairpatterns, we’re committed to supporting organizations in eliminating dark patterns and creating user-centric digital experiences. Let’s continue working toward a fairer digital landscape. Have a fantastic week with Fair Monday!