Dark Patterns Defined: Examining FTC Enforcement and Developing Best Practices

The Federal Trade Commission is ramping up its enforcement of so-called dark patterns, with $350 million in settlements announced in late 2022. Many businesses may be uncertain what dark patterns are, or may think they do not need to worry. This Article argues that the FTC’s enforcement practices are industry-agnostic and derived from previous enforcement actions over the last decade. By examining these current and past enforcement actions, it is possible to develop a set of best practices aro