GDC 2024 Session Viewer

The Federal Trade Commission is targeting game companies that use so-called "dark patterns." Hundreds of millions of dollars are at stake, and addressing otherwise avoidable litigation is expensive, time consuming, and distracting.

Dark patterns are "tricks used in websites and apps that make customers do things that they didn't mean to, like buying or signing up for something." They include interfaces that confuse users, make it difficult to express actual preferences, or manipulate users into taking certain actions they otherwise would not. Understanding dark patterns is critical because game developers may not realize they are designing unlawful interfaces—and game companies can mitigate their litigation risk in part by ensuring that their procedures for obtaining purchasing consent include an affirmative and unambiguous act by the consumer and by providing a cancellation mechanism that is as easy to use as the method used to make the purchase.

Takeaway

Attendees will learn that government agencies and consumer litigants are targeting game companies over dark patterns that steer users toward unwanted purchases; that there are at least 25 types of dark patterns, including those designers may not realize are unlawful; and that game companies can mitigate their dark-pattern litigation risk.

Intended Audience

This is for game developers, project managers, legal professionals, and any other individuals who are interested in learning more about dark patterns and the litigation risk associated with employment of manipulative purchasing design. No prior knowledge of dark patterns is necessary to attend this presentation.