ANA Legal Webinar Series: August 9, 2022

This event is over.

Join us for August's ANA Legal Webinar Series with presenters from Davis+Gilbert speaking on:

Dark Patterns: Regulators Implore Businesses to Avoid the Dark Side

State and federal regulators are increasingly focused on combating so-called “dark patterns” – in essence, deceptive practices or formats that manipulate or mislead consumers into taking actions they would not otherwise take or want to take. Certain state privacy laws specifically define and prohibit the use of “dark patterns,” while the FTC has hosted workshops and issued a policy statement warning against the use of “dark patterns” in connection with negative option or subscription programs. Such “dark patterns” may involve practices that bury or hide the fact that a consumer is signing up for a program involving recurring charges, make it unreasonably difficult for a consumer to cancel participation in such a program, or undermine the user’s choice by employing tactics such as “confirm shaming.”

This webinar will cover:

Why the FTC is putting a renewed emphasis on deceptive practices and formats that undermine consumer choice
How are dark patterns addressed in privacy laws
How companies need to carefully design their purchase flows, cancellation methods, privacy practices and other consumer communications to avoid coming under fire
The risks of regulatory investigations and/or private lawsuits

Gary Kibel, Partner, In the digital media space, where entire industries can rise and fall seemingly overnight, he helps his clients confidently navigate uncharted terrain. They count on him for guidance in complying with — and helping to shape — the best practices that must serve their industry in the absence of legal precedents. For more mature companies, he helps clients incorporate new concepts into existing infrastructures.

Much of Gary’s time is spent staying current in this fast-paced environment. Whether through his representation of key industry clients, his active involvement in trade associations or his recognized thought leadership, he is deeply immersed in the issues facing tech-forward companies. Clients call on him, literally every day, to provide crucial perspective on cutting-edge issues with enormous consequence to their business.

In the privacy space, where laws are rapidly evolving as well, Gary keeps his clients moving forward in a manner designed for compliance, taking care not to impede their progress. Part of his approach is to ensure that regulatory compliance, far from being a debilitating obstacle, can be turned to a strategic advantage by companies that can incorporate the right policies into their commercial platforms. For clients who may be targets of privacy complaints, he suggests timely and practical options, assuring that their disclosures and processes will be both comprehensive and well thought out.

Gary co-leads a team focused on the CCPA, GDPR, and other enacted and pending state and federal legislation, as well as self-regulatory regimes. In addition, he regularly advises clients regarding the burgeoning industry of CBD/cannabis marketing practices.

Paavana Kumar, Associate, her ability to assess problems and provide quick, efficient risk assessments enables her to partner effectively with companies across industries, especially those pursuing a deeper e-tail focus. She is a sounding board for C-suite executives and general counsel when making high-stakes judgment calls about social media opportunities, FTC disclosure requirements and major changes to their business models.

As many clients move toward subscription models, Paavana’s knowledge of the highly regulated automatic renewal and negative option laws across all 50 states enables her to help companies draft transparent marketing disclosures and design compliant user flows. She also advises on high-exposure consumer promotions, including sweepstakes, contests, loyalty rewards and gift cards, cause marketing and donation programs, text message and email marketing, and major entertainment and sports collaborations.

Whether she’s counseling on a discreet issue or working with global legal teams for clearance for an international campaign, Paavana delivers practical advice with enthusiasm and a sense of humor. She is a recognized thought leader who frequently speaks and writes about leading-edge e-commerce and influencer marketing topics for in-house counsel and industry stakeholders.

Paavana actively supports the firm’s recruiting efforts and enjoys mentoring summer associates.