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Our special guest is Andrew Nigrinis, PhD, who formerly served as Enforcement Economist for the Consumer Financial Protection Bureau. We first discuss what is meant by \\u201cdark patterns\\u201d and the types of digital practices identified by the CFPB and Federal Trade Commission as \\u201cdark patterns.\\u201d We then look at the CFPB \\u2018s position regarding the use of \\u201cdark patterns\\u201d as an unfair, deceptive, or abusive act or practice under the Consumer Financial Protection Act, the FTC\\u2019s position regarding the use of \\u201cdark patterns\\u201d as anticompetitive and/or a violation of the FTC Act prohibition of unfair or deceptive acts or practices, and the relationship between \\u201cdark patterns\\u201d and behavioral economics. We also look at other federal laws that may be used to target \\u201cdark patterns,\\u201d CFPB and FTC enforcement actions involving \\u201cdark patterns,\\u201d and state regulation of \\u201cdark patterns.\\u201d We conclude with a discussion of best practices for companies to consider in avoiding legal challenges based on \\u201cdark patterns\\u201d claims.

Alan Kaplinsky, Senior Counsel in Ballard Spahr\\u2019s Consumer Financial Services Group, hosts the conversation, joined by Michael Gordon, Of Counsel in the Group, and Ed Rodgers, a partner in the firm\\u2019s Antitrust and Competition Group.