Publications

Explore articles, jobs, talks, news, privacy,...

Learn about dark patterns, fair patterns and much more

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.
The FTC is taking action against H&R Block for deceptive marketing and unfair practices, including deleting consumer tax data and misleadingly promoting their products as “free.” The company's practices allegedly led consumers into higher-cost products and presented challenges when attempting to downgrade, costing consumers time and money. H&R Block also allegedly engaged in deceptive advertising, marketing its services as “free” when many consumers were not eligible for the free products.

EU Commission Fines Apple for music streaming rules

The EU Commission fined Apple over €1.8 billion for abusing its dominant position in the distribution of music streaming apps to iOS users through its App Store. Apple's restrictions on app developers, which prevented them from informing users about alternative, cheaper music subscription services, were deemed illegal under EU antitrust rules. This lack of consumer choice and comparison led to increased prices and violated the Treaty on the Functioning of the European Union.
Amazon.com Inc. is being sued by an investor for allegedly using dark patterns to trick users into signing up for Prime subscriptions. The investor is seeking internal documents to investigate claims that Amazon's corporate leaders continued to use a misleading Prime enrollment process, knowing it led consumers to sign up for unwanted recurring bills.

UFC-Que choisir v. META

Following European court rulings, Meta has begun seeking explicit consent from consumers to process their data for advertising purposes. However, consumer association UFC-Que choisir has claimed that Meta's "Pay or Okay policy" does not meet the requirements of informed consent under Article 7 GDPR, as it does not specify the precise purpose of each type of data processing. The association also alleges that Meta obscures the extent of its data processing and tracking practices through ambiguous language.

Amazon counterfeiting case

In a counterfeiting case against Amazon and VK Knitting, the state consumer disputes redressal commission in India found Amazon guilty of incorrectly displaying the "Marc Jacobs" brand for over four years on its website, and the seller, VK Knitting, guilty for being aware of the misleading information but not doing anything about it. The commission criticized the parties for using dark patterns and ordered both parties to pay ₹27 lakh (around €30,000) in compensation to the customer.
On October 18, 2022, the Consumer Financial Protection Bureau (CFPB) initiated legal action against ACTIVE Network for deceptive and abusive practices. ACTIVE Network allegedly enrolled consumers in discount club memberships without their explicit knowledge or consent during online event registration and payment processes. They also reportedly increased membership fees without providing consumers with written notice of the new amount and payment date. The CFPB seeks redress for consumers, disgorgement, injunctive relief, and the imposition of civil money penalties.
On April 12, 2022, the CFPB filed a lawsuit in federal court against TransUnion and executive John Danaher for violating a 2017 law enforcement order aimed at stopping deceptive marketing practices. Despite agreeing to a settlement in 2017 to stop its deceptive practices, TransUnion was found to have violated the terms in 2019 and 2020 by using dark patterns to trick individuals into recurring payments and making it difficult to cancel them. The CFPB is now seeking monetary relief for consumers, injunctive relief, and civil money penalties.
On May 15, 2024, Arizona Attorney General Kris Mayes filed two lawsuits against Amazon, accusing the company of violating consumer fraud and antitrust laws. The consumer fraud lawsuit focus on Amazon's use of dark patterns to discourage consumers from cancelling their Prime memberships.

On May 16, 2024, the European Commission initiated an investigation into META, Facebook and Instagram's parent company, for potential violations of the Digital Services Act (DSA) regarding minor protection. The investigation focuses on concerns about META's systems fostering addictive behaviors in children, the effectiveness of its age-verification tools, and the adequacy of its privacy, safety, and security measures for minors.

The European Consumer Organisation (BEUC) has lodged a complaint against Chinese e-commerce giant Temu for breaching the EU’s Digital Services Act. Alleged breaches include insufficient traceability of traders, manipulative practices such as "dark patterns" to lure consumers into spending more, and lack of transparency in product recommendations. Similar complaints have been filed by 17 of BEUC's members with their respective national authorities.

Our clients