FTC Asks Online Advertisers to Weigh in on Dark Patterns, Calls for Comment on Its .Com Disclosures Guidance | Venable LLP

The Federal Trade Commission has requested public enter about potential updates to its “Dot.Com Disclosures.” The steering doc was final up to date almost a decade in the past and has not addressed a lot of the brand new know-how that has emerged and the evolution in internet marketing. As a end result, the company’s name for feedback will permit these to present suggestions and recommendations to modernize the guides. Comments are due by August 2, 2022.

The FTC has requested for trade stakeholders’ enter on many points, together with:

How to handle the usage of so-called darkish patterns, which the FTC makes use of to describe manipulative person interface designs used on web sites and cellular apps
Guidance on the suitable use of hyperlinks and the way hyperlinks ought to be labeled
How to decide the adequacy of on-line disclosures when shoppers should navigate a number of webpages
Whether the present steering adequately addresses promoting on cellular units
How to deal with space-constrained advertisements, together with whether or not to modify the steering that “disclosures could typically be communicated successfully to shoppers if they’re made clearly and conspicuously on the web site to which the advert hyperlinks”
How to present correct disclosures on cellular units
What points have arisen from multi-party promoting preparations on-line, corresponding to on-line marketplaces, web site operators being compensated for referring shoppers to different web websites that provide services, and different internet affiliate marketing preparations
The use of sponsored and promoted promoting on social media
Whether points raised by new legal guidelines or laws ought to be addressed in a revised steering doc

Commentors may also have the possibility to present analysis and evaluation about shopper conduct, which the FTC will contemplate when figuring out how folks perceive and react to disclosures.

These are essential points that have an effect on everybody who advertises on-line, and the revised steering could have long-term implications for digital advertising and marketing. Indeed, this is perhaps the one replace to the guides for the following decade, so now’s the time to converse up.


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