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Website Design Corporate Counsel

BakerHostetler

Dark Patterns Go International: FTC and International Consumer Protection Networks Conduct Sweep of ‘Deceptive Design Practices’...

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On July 10, the Federal Trade Commission (FTC) announced the results of two global internet sweeps that examined the prevalence of certain deceptive design practices, or “dark patterns,” within a variety of websites and...more

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

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The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more

Venable LLP

Payment Processors: Are You Prepared to Uncover "Dark Patterns"?

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Risk management personnel who underwrite e-commerce merchants should have some basic understanding of the types of online merchant marketing and sales practices that are deceptive and misleading....more

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

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For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

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