FTC seeks public comment on how to make effective disclosures in digital advertising

The Federal Trade Commission (FTC) yesterday launched a process to collect public comment on how to make effective disclosures in digital advertising. People and companies can file comments or papers until August 2, 2022.

FTC is seeking the public’s input to modernize the current FTC guidance to businesses on digital advertising and marketing.

“We know that some companies are wrongly citing our current guides to justify dark patterns and other forms of digital deception,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “We are looking to update the guides to make clear that online tricks and traps will not be tolerated, and we look forward to hearing from the public on this initiative.”

The issues on which FTC staff is seeking comment include the use of sponsored and promoted advertising on social media, advertising embedded in games and virtual reality and micro-targeted advertisements, the ubiquitous use of dark patterns, manipulative user interface designs used on websites and mobile apps, and in digital advertising that pose unique risks to consumers, whether the current guidance adequately addresses advertising on mobile devices, whether additional guidance is needed to reflect the multi-party selling arrangements involved in online commerce and affiliate marketing arrangements, how the 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.