February 3, 2023

Regulators Align in Their Focus on Digital Advertising

Our recent article in Law360 explains why companies should expect increased scrutiny on digital advertising activities that involve algorithmic targeting and ‘dark patterns.’

In the last year, US federal regulators and enforcement agencies increased their focus on digital advertising practices, including the use of algorithms for targeted advertising, and deceptive online marketing techniques known as “dark patterns.” The CFPB, FTC, and DOJ in particular demonstrated alignment in their enforcement priorities with respect to targeted advertising due to concerns about potential bias and discrimination. The FTC signaled that companies employing dark patterns should be prepared to face liability under all statutes and regulations available to it.

For details, see our article “Agency Actions Show Shared Focus on Digital Ad Tactics,” published in Law360.