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.