Dark pattern

[8] "Privacy Zuckering" – named after Facebook co-founder and Meta Platforms CEO Mark Zuckerberg – is a practice that tricks users into sharing more information than they intended to.

However, critics noted that the process was fraught with obstacles, including misleading email notifications, redirects to login pages, and hidden opt-out forms that were difficult to locate.

Noyb alleged that Meta's use of "dark patterns" undermined user consent, violating the General Data Protection Regulation (GDPR).

This decision, while significant, did not result in a legally binding amendment to Meta’s privacy policy, leaving questions about its long-term commitment to respecting EU data rights.

Outside the EU, however, Meta proceeded with its privacy policy update as scheduled on June 26, 2024, prompting critics to warn about the broader implications of such practices globally.

[14][15] The incident underscored the pervasive issue of dark patterns in privacy settings and the challenges of holding large technology companies accountable for their data practices.

Advocacy groups called for stronger regulatory frameworks to prevent deceptive tactics and ensure that users can exercise meaningful control over their personal information.

[16] Bait-and-switch patterns advertise a free (or at a greatly reduced price) product or service that is wholly unavailable or stocked in small quantities.

[23] Other examples include sites offering a way to invite friends by entering their email address, to upload a profile picture, or to identify interests.

[17][18] For example, during the 2020 United States presidential election, Donald Trump's WinRed campaign employed a similar dark pattern, pushing users towards committing to a recurring monthly donation.

[27] In 2021, in the United States, the Federal Trade Commission (FTC) has announced they will ramp up enforcement against dark patterns like roach motel that trick consumers into signing up for subscriptions or making it difficult to cancel.

[33] Under the European Union General Data Protection Regulation (GDPR), all companies must obtain unambiguous, freely-given consent from customers before they collect and use ("process") their personally identifiable information.

"[24] In October 2021, the Federal Trade Commission issued an enforcement policy statement, announcing a crackdown on businesses using dark patterns that "trick or trap consumers into subscription services."

[40] In March 2023, the United States Federal Trade Commission fined Fortnite developer Epic Games $245 million for use of "dark patterns to trick users into making purchases."

[52] In April 2019, the UK Information Commissioner's Office (ICO) issued a proposed "age-appropriate design code" for the operations of social networking services when used by minors, which prohibits using "nudges" to draw users into options that have low privacy settings.