by Renee B. Appel
On November 3, the Federal Trade Commission (FTC) filed a Complaint and Stipulated Order in federal court against an internet phone service provider to stop it from imposing junk fees and making it difficult for users to cancel their service. This action follows the FTC's September publication of "Bringing Dark Patterns to Light," a report demonstrating companies' increased use of design practices known as "dark patterns" to influence consumers buying behavior (the "Staff Report"). The Staff Report is derived from a virtual workshop the FTC held in April 2021 addressing user interfaces across websites and mobile apps. In connection with announcing the Staff Report, Samuel Levine, Director of the FTC's Bureau of Consumer Protection explained, "Our report shows how more and more companies are using digital dark patterns to trick people into buying products and giving away their personal information." It was the FTC's intent that the report "send a clear message that these traps will not be tolerated." The FTC's latest enforcement action confirms that message.