Applied Marketing Science, Inc. (AMS) will be shining a light on "dark patterns" at the 2023 Association of National Advertisers (ANA) Masters of Advertising Law Conference, taking place in Orlando, Florida, from November 15th to the 17th. AMS will lead a breakout session on how litigation survey research can be used to assess consumer perceptions of alleged dark patterns in online consumer experiences. The session will be presented by Jason Och, Principal and Practice Lead at AMS, Amanda Ford, Associate Principal at AMS, and Randal M. Shaheen, Partner at BakerHostetler LLP.
Regulators and class-action attorneys are increasingly on the lookout for these so-called “dark patterns” – allegedly deceptive online practices that manipulate consumers into behaviors they would not otherwise engage in. In this complex and rapidly evolving environment, brands need effective strategies to understand and mitigate potential litigation and regulatory risks related to alleged dark patterns. Yet dark patterns remain an elusive and hard-to-define concept.
Consumer surveys, when properly conducted, can be powerful tools for brands to gauge whether an online experience might be a dark pattern, to measure consumer perceptions, and to evaluate litigation and regulatory risks. This panel will review types of alleged dark patterns, discuss key ways in which surveys can be used to assess consumer perceptions of online experiences, and delve into other practical issues that brands should weigh when considering litigation survey research into alleged dark patterns.
The session "Shining a Light on Dark Patterns” (Breakout 4D) will take place from 4:10PM to 4:55PM ET on Wednesday, November 15th. If you’ll be attending ANA 2023, we hope you’ll be able to join this session.
To learn more about litigation surveys for cases relating to false or deceptive advertising, our Litigation Support services, or network of leading survey experts, please contact Jason Och at joch@ams-inc.com.
