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"How Cos. can ease risk amid 'dark pattern' regulatory focus" by Elizabeth E. McGinn, Sherry-Maria Safchuk, and Melina W. Montellanos (Law360)

Law360

Elizabeth E. McGinn, Sherry-Maria Safchuk, Melina W. Montellanos

Federal and state regulators, legislators, and courts have increased their focus on dark patterns — web and mobile design elements that shepherd users to make decisions, often not in their best interest.

To avoid consumer dissatisfaction, as well as legal and regulatory risk, companies should consider proactively reviewing their online activity and communications to ensure their websites and mobile applications are clear, easy to understand, and do not include deceptive or confusing design features.

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