Deceptive Design

What Deceptive Design means

Deceptive design (the preferred regulatory term for dark patterns) encompasses interface techniques that trick users into actions they didn't intend — purchasing unwanted products, subscribing to services, sharing personal data, or agreeing to unfavorable terms. The FTC, EU regulators, and state attorneys general have increasingly targeted deceptive design in enforcement actions. The CPRA explicitly addresses deceptive design by stating that consent obtained through dark patterns is not valid. Common deceptive design patterns in advertising include hidden costs revealed late in checkout, trick questions in consent forms, disguised ads that look like content, forced continuity (difficult subscription cancellation), and confirmshaming (using guilt to manipulate choices). Advertisers should audit their landing pages and conversion funnels for deceptive design elements, as these violate both platform policies and an expanding body of regulation.