In the constantly evolving digital landscape, the use of “dark patterns” to manipulate purchase decisions in user interfaces has garnered considerable attention from regulatory agencies, courts, and the public. In a recent Law360 article, Principal Dr. Steven Herscovici, Senior Associate Dr. Animesh Giri, and Associate Dr. Anita Walsh explore two potential empirical approaches to quantify the impact of such practices on consumer behavior: a direct approach with proprietary data or an experimental approach using survey evidence.

Since dark patterns come in various forms, their impact on consumers can vary depending on the type of pattern and methods being deployed. As federal, state, and other enforcement agencies look to identify and challenge the varied conduct that may constitute dark patterns, it will be critical to use the right approach to quantify these harms and determine the appropriate level of deterrence in each potentially unique situation.

The full article, “Quantifying the Impact of Dark Patterns,” is available below.

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