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FTC convenes workshop on ‘dark patterns’ trend deceiving online consumers

Michelle Cohen, chair of the data privacy practice at the law firm Ifrah Law, said California recently updated its Consumer Privacy Act with an amendment that gives consumers the ability to tell a business not to sell their personal information.

It also requires companies to provide an opt-out notice that is presented in a way that is easy to read and understandable. “They can’t use confusing language such as double negatives — don’t not sell my personal information,” Cohen said.

The laws are important to prevent dark pattern behavior that hurts the consumer and erodes trust, she said. “Even the most sophisticated online shopper can get frustrated when trying to cancel something,” Cohen said.

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