But the fact that dark patterns are real does not automatically prove that a broad ban is the best solution. In fact, the FTC’s own approach shows why a more precise framework can work. Its 2024 “Click-to-Cancel” rule doesn’t simply say “don’t manipulate users”; it gives companies concrete requirements: disclose important terms clearly, obtain informed consent, and make cancellation as easy as signup.
And we already have evidence that targeted enforcement can impose serious consequences. The FTC’s action against Vonage resulted in $100 million in refunds over alleged cancellation obstacles and junk fees, while its Epic Games case involved a $245 million order over alleged deceptive interface practices. So the argument that specific rules are powerless until millions of people are harmed isn't quite right.
More importantly, your definition, “anything engineered to override user intent”, still has a subjective element. Almost every successful interface is engineered to influence behavior. A streaming service recommending a show, a shopping site putting one product first, or an app repeatedly reminding you about a feature all influence user decisions. The real question is where influence becomes unlawful deception, and that boundary needs objective criteria. Otherwise, we aren't just banning scams; we're giving regulators a moving target to interpret after the fact.
So yes, companies should have to respect user choice. But “respect user intent” is a principle, not yet a workable legal test. The law needs to specify what companies cannot do, measure actual deception or obstruction, and then update those rules as new tactics emerge. That's slower than a blanket ban, but it's also much less likely to turn ordinary persuasion and bad UX into a legal violation.
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