Legal Updates
5 min read

DSA in Full Force, Hidden Fees Under Fire, and FTC’s Warning on Quiet AI Data Practices

Published on
January 8, 2024

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. The Digital Services Act (DSA) Comes Into Full Force in the EU
    Over the weekend, the DSA officially entered into full force across the EU. This groundbreaking regulation sets new standards for online platforms, aiming to promote transparency, accountability, and fairness in digital environments. What does this mean for you and your business?
    Read our article
  2. FTC’s Warning on Quiet Changes to Terms of Service
    The Federal Trade Commission (FTC) issued a warning to AI and other companies about surreptitious changes to terms of service or privacy policies that allow for more permissive data practices. Quietly adopting such changes—like using consumer data for AI training or sharing it with third parties—could be considered deceptive or unfair.
    Learn more
  3. Hidden Fees Targeted: Hilton and Verizon Under Scrutiny
    • Hilton Group Under Legal Fire:
      • A traveler advocacy group filed a class-action lawsuit against Hilton, accusing it of charging last-minute "junk fees," such as resort and destination fees, which allegedly violate the DC Consumer Protection Procedures Act.
        Read more
      • Separately, Texas Attorney General Ken Paxton filed a lawsuit against Hilton for mandatory fees not included in advertised rates, claiming violations of the Texas Deceptive Trade Practices Act.
        Read more
    • Verizon’s Settlement Over Undisclosed Fees:
      Verizon Wireless agreed to a settlement in a class-action lawsuit alleging it misled customers by adding undisclosed monthly administrative charges to its postpaid wireless plans, violating transparency norms.
      Read more

Exciting News:

📅 Don’t miss our special Masterclass on Dark Patterns 101, co-hosted by Harry Brignull and Marie Potel-Saville, on February 26th. Reserve your spot now: Register here

Conclusion:

As regulators and advocacy groups worldwide continue tackling dark patterns and hidden fees, it’s crucial to stay informed. At Fairpatterns, we’re committed to providing insights and tools to empower ethical and user-focused practices. Explore more on our website, subscribe to our newsletter, and tune into our podcast for deeper discussions.

Let’s fight for #FairPatterns, #AIethics, and #FairByDesign! Have a fantastic start to your week with Fair Monday.

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Jolling de Pree

Partner at De Brauw

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