On June 21, 2023, the FTC filed a complaint in federal district court against Amazon for allegedly using manipulative design choices (“dark patterns”) to enroll customers into Amazon Prime subscriptions and to make it difficult...

The Consumer Financial Protection Bureau (“CFPB”) has kicked off 2023 by releasing a Circular on unlawful negative option marketing practices with a particular eye towards dark patterns. The guidance warns covered entities and service providers...

On December 19, 2022, the Federal Trade Commission (“FTC”) announced the largest-ever penalties for violations of the Children’s Online Privacy Protection Act (“COPPA”) and unfair use of dark patterns in a pair of settlements with Epic Games...

Earlier this month, the Federal Trade Commission (“FTC”) released its Staff Report, Bringing Dark Patterns to Light, which follows the FTC’s workshop on “dark patterns” in April 2021. The report emphasizes the FTC’s commitment to...

On Friday, September 30, the Colorado Attorney General (“CO AG”) published draft regulations pursuant to the Colorado Privacy Act (“CPA”). Though only 38 pages long, the draft includes detailed, sometimes prescriptive requirements on topics such...

On August 11, 2022, the Federal Trade Commission (“FTC”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking public comment regarding the collection, aggregation, analysis, retention, transfer, or monetization of consumer data, which the FTC calls “commercial surveillance,”...