UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

 

 Office of Commissioner 

 Rebecca Kelly Slaughter 

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STATEMENT OF COMMISSIONER REBECCA KELLY SLAUGHTER 

Regarding Bureau of Consumer Protection Staff Report: 

 “Bringing Dark Patterns to Light” 

 In the spring of 2021, during my tenure as Acting Chair, the FTC hosted a public 

workshop on digital dark patterns and explored how these manipulative tactics can obscure, 

subvert, or impair consumer autonomy and decision-making. The Bureau of Consumer 

Protection staff have prepared a report that synthesizes what we have learned from the workshop, 

our cases, and relevant research, and summarizes lessons for businesses. The report is also 

accompanied by a helpful appendix that seeks to identify and explain a number of common dark 

patterns—a helpful catalogue for consumer groups and reporters, researchers, legislators and 

businesses looking to clean up their act. 

 I want to highlight one use of dark patterns that is particularly troubling to me—digital 

dark patterns designed to manipulate kids and teens. The report does an excellent job of outlining 

the types of child-directed dark patterns at work in the FTC’s in-app purchase actions against 

Amazon, Apple, and Google. These types of interfaces lured kids into making purchases through 

play, such as enticing kids to rack up virtual gold or stars, while actually incurring charges in real 

life. 

 We know, however, that the dark patterns directed at our kids and teens also operate on a 

much larger scale. For example, in connection with the dark patterns workshop, Common Sense 

Media proffered that one of the most problematic categories of dark patterns are those designed 

to extend engagement, because they can make it difficult for young people to find balance and 

time away from devices.1

 Common Sense Media identifies autoplay features as an example of a 

potentially unfair manipulative design when directed at children.2

 Campaign for a CommercialFree Childhood and Center for Digital Democracy also submitted comments contending that a 

variety of dark patterns and manipulative design techniques aimed at children and teens 

constitute unfair or deceptive practices in violation of the FTC Act—from “endless treadmill” 

gaming features to purposeful obfuscation of the real-world value of in-game currency.3 

 I strongly support use of our authority to target unlawful manipulative dark patterns 

aimed at kids and teens. And I want to call attention to the fact that the Commission seeks 

comment on the types of manipulative techniques aimed at kids and teens in our recently 

1 Common Sense Media, Pub. Cmt. No.0019-0102, In re Dark Patterns Workshop, https://www.regulations.gov/comment/FTC-2021-0019-0102 

2 Id. 

3 Campaign for a Commercial-Free Childhood and The Center for Digital Democracy, Public Comment Submitted to FTC on Dark Patterns Issues, FTC-2021-0019-0108, at 1, 

18-19, 30, available at https://fairplayforkids.org/wp-content/uploads/2021/05/darkpatterns.pdf 
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announced Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data 

Security.4 Specifically, the Commission invites comment on the following: 

 Do techniques that manipulate consumers into prolonging online activity (e.g., video 

autoplay, infinite or endless scroll, quantified public popularity) facilitate commercial 

surveillance of children and teenagers? If so, how? 

 In which circumstances, if any, are a company’s use of those techniques on children and 

teenagers an unfair practice? For example, is it an unfair or deceptive practice when a 

company uses these techniques despite evidence or research linking them to clinical 

depression, anxiety, eating disorders, or suicidal ideation among children and teenagers? 

 [A]re children and teenagers more likely than adults to be manipulated by practices 

designed to encourage the sharing of personal information? 

Dark patterns by design can have a profound impact on kids and teens that we are only just 

beginning to fully realize. I want to encourage all stakeholders with information or comments 

related to the impact of dark patterns and manipulative design on kids and teens to file comments 

in response to our Commercial Surveillance and Data Security ANPR on or before October 21, 

2022. 

 Thanks again to the Bureau of Consumer Protection for convening an illuminating 

workshop and preparing this excellent report--this was truly a Bureau-wide collaboration with 

particular leadership from the Division of Financial Practices. 

4 See Docket, [Request for Public Comment on Trade Regulation Rule on Commercial Surveillance and Data Security 16 C.F.R.] (August 22, 2022) 

https://www.federalregister.gov/d/2022-17752