Tag Archives: Advertising Law

Episode Show Notes: Where is the Line Between Ethical Design and Dark Patterns?



0:00-1:26 This Ad Watchers episode provides insight into “Dark Patterns.” Coined by Harry Brignull in 2010, the term “dark patterns” is used to describe design practices that trick or manipulate users into making choices they would not otherwise have made, and that may cause harm. Eric Unis, Senior Attorney at the National Advertising Division (NAD), and his colleague Annie Ugurlayan, NAD’s Assistant Director, are joined by guest Deputy Director Katherine Armstrong. Katherine is a deputy director of the National Advertising Division (NAD) at BBB National Programs. She manages NAD attorneys and the overall case management and handling of monitoring and competitor-challenged truth-in-advertising cases, supporting long-term operations planning for the 50-year-old program.

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Where is the Line Between Ethical Design and Dark Patterns?



Think about the times you felt tricked or frustrated by a membership or subscription that had a seamless signup process but was later difficult to cancel. Something that should be simple and transparent can be complicated, intentionally or unintentionally, in ways that impair consumer choice. These are examples of dark patterns. Unfortunately, dark patterns are becoming increasingly common as companies look for ways to boost profits. While some may seem harmless, others can have serious consequences for users. 

Where is the line between ethical, persuasive design and dark patterns? In this episode of Ad Watchers, hosts Eric and Annie are joined by guest Deputy Director of the National Advertising Division, Katherine Armstrong to answer that question. Together, these three explore dark patterns and the FTC’s recent report on the topic, provide some real examples from NAD cases, and deliver commentary on the FTC’s response to the proliferation of these dark patterns. Listen now to understand the most common dark pattern tactics and how you can avoid them while still producing compelling, persuasive advertising.   

For more information about this episode, read the show notes here.  


Episode Show Notes: Revisiting the Best Podcast Episode Ever: What is Puffery?



For the fifth episode of season two, hosts Eric Unis and Annie Ugurlayan reintroduce a fan favorite episode from season one. In this episode Eric makes his Ad Watchers debut as a guest,
joining hosts Hal Hodes and La Toya Sutton to discuss puffery.
There is no universal definition for this term, but La Toya provided the following description: “Puffery is an exaggerated, blustering, or boastful statement. Or a general claim that could only be understood as an expression of opinion, not a statement of fact.”

Continue reading Episode Show Notes: Revisiting the Best Podcast Episode Ever: What is Puffery?


The State of Privacy: How Did We Get Here?



Looking back even just five years ago, the privacy landscape looked nothing like it does today – there was no General Data Protection Regulation (GDPR), no California Consumer Privacy Act (CCPA), and the demands on businesses were much different.

In the first episode of Privacy Abbreviated, hosts Catherine Dawson and Dona Fraser are joined by Daniel Solove, a law professor at George Washington University and founder of TeachPrivacy, to explain how we got to the landscape we see today and talk about what this means for businesses. They offer insight into the key differences between U.S. and E.U. privacy standards, what legislation is on the horizon, and how to build a strong privacy program that sets businesses up to comply with changes as they come.

For more information about this episode, read the show notes here.


Introducing Privacy Abbreviated: Meet the Hosts



BBB National Programs is pleased to introduce Privacy Abbreviated. Hosted by privacy experts Dona Fraser and Catherine Dawson, this new podcast series will discuss the impact of privacy laws and tech innovation on small and medium-sized companies and what business leaders can do to meet challenges in this evolving landscape.

As we gear up for the first episode, tune in to this sneak peek from the hosts where they outline the topics they plan to explore this season, ranging from the importance of user experience and meaningful consent in the Metaverse to wearables to targeted advertising, and more. Subscribe today so you don’t miss an episode about what’s happening in the privacy world and what to do about it.