On June 3, 2022, the FTC made a request for comments about .com disclosures, including the increased use of dark patterns, manipulative user interface design, and other forms of digital deception that pose unique risks to consumers online and in the mobile space. The FTC is considering updating and reissuing its guidance document “Dot Com Disclosures: Information about Online Advertising,” last revised in March 2013.

The issues on which the FTC is seeking feedback include:

  • The use of sponsored and promoted advertising on social media;
  • Embedded advertising in games and virtual reality including microtargeted advertisements;
  • Whether current guidance adequately addresses advertising on mobile devices;
  • The use of dark patterns and manipulative user interface designs;
  • Whether additional guidance is needed to reflect affiliate marketing arrangements;
  • How guidance on the use of hyperlinks can be strengthened to better protect consumers; and
  • The adequacy of online disclosures when consumers must navigate multiple webpages.

The FTC is accepting feedback through August 2, 2022. Information on how to submit comments can be found here.

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Photo of Amanda Beane Amanda Beane

Amanda Beane serves as co-chair of the Advertising, Marketing & Promotions practice.

Photo of Mark S. Goodrich Mark S. Goodrich

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers…

Mark Goodrich provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers, negative option or “automatic renewal” of subscriptions, cause marketing, online disclosures, intellectual property rights, free offers, native advertising, and other Federal Trade Commission (FTC) rules and guidelines. He also frequently drafts rules for contests, sweepstakes and related games, and provides counsel on how to structure promotions to comply with state and federal laws.

Photo of Nathan Kosnoff Nathan Kosnoff

Nathan Kosnoff has experience working on a broad range of matters, including intellectual property and trademark disputes, antitrust, construction defect litigation, campaign finance law, and government and internal investigations.