Regulators have taken an acute interest in digital contracting, concerning themselves with the means and manner used to sign up consumers for products and services. They are using their authority to identify unfair, deceptive, or abusive acts or practices and to crack down on dark patterns. This focus should prompt market participants to invest renewed energy in their web and mobile platforms. In a guest article, Buckley attorneys Sherry-Maria Safchuk, Edward Somers, and Melina Montellanos discuss regulators’ considerations around dark patterns, judicial treatment and practical measures to reduce risk. See “Shedding Light on Dark Patterns: What Financial Institutions Need to Know
” (Jul. 21, 2021).