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Willing to dig further on dark patterns? Here are curated resources, including hundreds of publications we analyzed in our R&D Lab, conferences, webinars and job opportunities to fight dark patterns.
Harper Glasscock has filed a federal class action lawsuit against major gaming companies including Activision Blizzard and Microsoft, claiming intentional design of video games to foster addiction, particularly among minors and young adults. The lawsuit claims that the use of dark patterns, feedback loops, reward systems, and patented technologies developed with insights from behavioral psychologists and neuroscientists have contributed to gaming addiction. The suit alleges brain damage, cognitive impairment, depression, anxiety, and other mental health issues as direct outcomes of video game addiction.
The Netherlands Authority for Consumers and Markets (ACM) fined Epic Games 1.1 million euros for exploiting children's vulnerabilities in its Fortnite game through unfair commercial practices and dark patterns. The fines were for phrases encouraging children to make purchases and deceptive countdowns pressuring quick purchases. Epic Games is required to cease these practices by June 10, 2024, by reducing uncertainty about item availability and extending decision periods for minors regarding purchases.
The US Consumer Financial Protection Bureau (CFPB) is suing online loan company SoLo Funds for deceptive practices. Despite advertising zero-interest loans, SoLo uses dark patterns to ensure borrowers pay a fee, disguised as a "tip" or "donation". The CFPB alleges that SoLo misrepresents the cost of loans, uses digital dark patterns to trick borrowers, makes false threats, and creates a "social credit" score without adequate safeguards. Between March 2018 and December 2022, SoLo received over $8 million in "donations" and lenders received almost $13 million in "tips".
Bank of America has agreed to an $8 million settlement in a class-action lawsuit over deceptive transfer fees. The lawsuit alleged that account holders were charged up to $10 for transfers that could have been conducted for free, due to the bank's misrepresentations and deceptive design.
A lawsuit was filed on behalf of Ethan Zuckerman, a professor at the University of Massachusetts Amherst, arguing that Section 230 of the Communications Decency Act protects the development of tools like his browser extension, Unfollow Everything 2.0. This tool allows Facebook users to control their online experiences by unfollowing friends, groups, and pages, and donating their data to academic research. The lawsuit seeks a declaration that Section 230 immunizes Zuckerman from civil liability or that the tool doesn't violate Meta's Terms of Service or relevant laws. The outcome is uncertain due to a novel interpretation of Section 230 and concerns about potential misuse of collected data.
On May 9, 2024, Ohio Attorney General Dave Yost announced three multistate settlements totaling $10.25 million with the largest wireless carriers in the United States, resolving investigations into deceptive advertising practices. The settlements require carriers to ensure truthful advertising, clearly disclose restrictions and terms for "unlimited" data plans and "free" services, justify cost-saving claims, appoint a dedicated consumer complaint handler, and train customer service to comply with the agreements' terms.
On April 25, 2024, the Federal Trade Commission (FTC) took action against bill payment company Doxo, CEO Steve Shivers, and Vice President Roger Parks. The FTC alleges that Doxo used misleading search ads to impersonate consumers’ billers, used dark patterns to hide additional fees on consumers' bills, and signed consumers up for its recurring subscription program without clear consent, violating several Acts.

Commission influencer social media “sweep” investigation

The EU Commission and consumer protection authorities screened social media posts from 576 influencers to verify compliance with EU consumer law regarding advertising disclosure. Findings revealed that while 97% posted commercial content, only 20% consistently disclosed it as advertising. Other findings included 30% of influencers not providing any company details on their posts, and 38% not using platform labels that serve to disclose commercial content. The sweep resulted in 358 influencers being earmarked for further investigation. The Commission will also analyze the results of the sweep in light of the legal obligations of the platforms under the Digital Services Act (DSA) and take necessary enforcement action where appropriate.
Match Group, the parent company of dating apps Tinder, Hinge, and the League, is currently involved in a lawsuit. The lawsuit alleges that these apps are designed with the intention of addicting users and encouraging them to make payments for continued use. According to the suit, Match Group employs gamification techniques to keep users engaged and spending money, ultimately prioritizing corporate profits over users' relationship goals. The plaintiffs are seeking class action status for violations of consumer protection, false advertising, and defective design laws.

EU Commission DSA proceedings against TikTok

The European Commission has initiated formal proceedings against TikTok to assess potential breaches of the Digital Services Act (DSA). The investigation focuses on areas such as the protection of minors, advertising transparency, data access for researchers, and risk management of addictive design and harmful content. Specifically, TikTok's compliance with DSA obligations related to the assessment and mitigation of negative effects from its system design, including algorithmic systems that may stimulate behavioral addictions, is being examined. The investigation also includes an evaluation of TikTok's age verification tools and their effectiveness in preventing access by minors to inappropriate content. Additionally, the Commission is assessing whether TikTok has implemented appropriate measures to ensure privacy, safety, and security for minors, particularly in relation to default privacy settings.

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