Kate White Quoted in The National Law Journal on the FTC’s War on ​‘Dark Patterns’

Kelley Drye partner and former FTC attorney Kate White was quoted in The National Law Journal’s article on The Federal Trade Commission’s war on ​‘Dark Patterns.’ This comes from the FTC’s recent litigation against online businesses for alleged deceptive and onerous cancellation policies that derives from the agency’s long history of opposing corporate deception that predates the widespread use of the internet.

“The burden is on the FTC to show that a practice harms or has a likelihood of harming consumers, [that] consumers can’t reasonably avoid it, and that it’s not outweighed by countervailing benefits to consumers or competition,” said White. ​“That’s a tough test for some of these practices.”

Read the full article here. (Membership required)