Dark Patterns Online: How Companies Trick Users — and Why Private Lawsuit Enforcement is Our Best Hope
What Are “Dark Patterns”?
“Dark patterns” are user-interface designs that trick, pressure, or mislead people into doing things they didn’t intend — signing up for (or continuing) subscriptions, sharing personal data, or accepting hidden fees.
These tactics rely on confusion and manipulation rather than consent. You’ve probably seen them:
“Free trials” that silently convert into paid plans,
Checkout flows that hide cancel buttons, or
“Confirm” buttons that actually sign you up for extra services.
Until recently, the Federal Trade Commission had made cracking down on these tactics a priority, warning that deceptive digital design may violate Section 5 of the FTC Act and other consumer-protection laws. But the regulatory picture shifted dramatically this year.
The FTC’s Campaign Against Dark Patterns
The FTC began formally investigating deceptive design in 2021, culminating in a staff report called Bringing Dark Patterns to Light (Sept. 2022). The report documented dozens of manipulative practices—“roach motels,” pre-checked boxes, confirm-shaming, and buried disclosures—and urged enforcement under the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA).
📄 FTC Staff Report (2022)
That same year, the FTC also issued an Enforcement Policy Statement Regarding Negative Option Marketing—warning that “trick-or-trap” subscription interfaces could constitute illegal deception.
📄 FTC Policy Statement (Oct. 2021)
The “Click-to-Cancel” Rule and What Happened to It
In April 2023, the FTC proposed an update to its Negative Option Rule, requiring that consumers be able to cancel subscriptions as easily as they sign up. The proposal—quickly nicknamed the Click-to-Cancel Rule—mandated clear disclosures, express informed consent, and one-click cancellation.
📄 Federal Register NPRM (Apr. 24 2023)
The FTC finalized the rule in October 2024, announcing it as a signature victory for consumer protection. But implementation didn’t last long.
In July 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the rule, holding that the FTC failed to complete the required preliminary regulatory analysis under Section 22 of the FTC Act.
The new FTC leadership has not re-issued the rulemaking or filed a new notice of appeal. As of late 2025, the “Click-to-Cancel” rule is not in effect, and the rulemaking is effectively dead.
The new administration’s apparent disinterest in protecting consumers from these practices means that it likely will fall to state regulators and private plaintiffs to lead the charge.
Recent Enforcement and Lawsuits
Despite the rule’s vacatur, regulators and private litigants have not backed down. Some examples:
California & New York Auto-Renewal Statutes – Plaintiffs have filed class actions against fitness apps, streaming platforms, and publishers for violating state laws requiring clear cancellation methods.
Epic Games and Roblox – Facing suits alleging manipulative in-app purchase designs targeting minors.
Adobe – Coulson P.C. is currently pursuing claims alleging that Adobe tricked consumers into lengthy subscriptions with hidden cancellation fees.
Together, these cases signal a new frontier of digital consumer-protection litigation: user-experience deception as unlawful conduct.
Why It Matters
Dark patterns are powerful because they exploit ordinary human psychology—distraction, social pressure, and habit.
A few extra clicks might not sound like much, but when millions of users are tricked into paying $10 or $20 a month they didn’t mean to, the cumulative harm is massive.
Class actions are increasingly successful in recovering those small losses, forcing design reform, and exposing deceptive UX tactics that used to be dismissed as “marketing.”
What to Do if You’ve Been Misled
If you’ve been charged for a subscription you didn’t knowingly agree to—or faced hurdles trying to cancel—you may have a claim under state or federal law.
Keep these records:
Screenshots of sign-up and cancellation pages.
Copies of billing or confirmation emails.
Notes of any attempted cancellations or support contacts.
Coulson P.C. investigates deceptive design and automatic-renewal practices nationwide. We’re currently reviewing potential claims involving apps, fitness programs, streaming services, online retailers, and others that use manipulative sign-up or cancellation processes.
FAQ: Dark Patterns & the Law
Are dark patterns illegal?
These patterns can absolutely violate state consumer protection laws. And even without the vacated rule, the FTC can still enforce Section 5 and ROSCA against deceptive interface design.
Did the FTC repeal the “Click-to-Cancel” rule?
No—the rule was struck down by the courts in mid-2025 for procedural reasons. The FTC has paused further rulemaking under the new administration.
Can I join a class action if I only lost a few dollars?
Yes. This is what class actions are for! In cases ranging from under $1000 to several thousand dollars, these claims can become economically viable when they are pooled together. A well-resourced plaintiff’s firm can bring a formidable case against a powerful corporation.
Conclusion: Transparency Is the New Compliance
The end of the “Click-to-Cancel” rule hasn’t ended accountability. Courts and regulators are still watching companies that design confusion into their apps.
At Coulson P.C., we represent consumers misled by deceptive interfaces, hidden fees, and unfair subscription practices.
If you believe you’ve been tricked by a digital product or service, contact us for a free, confidential consultation.
