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FTC Dark Pattern Compliance Checklist

Make sure your website complies with FTC dark pattern guidelines. Use this checklist and our free scanner to identify deceptive design before regulators do.

This scanner requires a Pro plan or higher. Running a free Accessibility scan instead.

FTC Dark Pattern Enforcement Is Accelerating

The FTC's 2022 report, "Bringing Dark Patterns to Light," made it clear that the agency considers deceptive design a violation of existing consumer protection law. The report cataloged dark pattern techniques used across e-commerce, subscription services, and social media, and signaled that enforcement would ramp up.

That warning was not empty. In 2022, Epic Games agreed to pay $245 million for using deceptive button placement that tricked Fortnite players into making unintended purchases. In 2023, Amazon paid $25 million over its difficult-to-navigate Alexa subscription cancellation process. ABCmouse settled for $10 million in 2020 for burying auto-renewal terms and making cancellation unreasonably difficult.

What triggers an FTC investigation? Consumer complaints are the most common catalyst, but the FTC also conducts its own sweeps of industries and responds to referrals from state regulators. Practices that generate a high volume of complaints or chargebacks, unusually high cancellation friction, or patterns of unauthorized charges are all red flags that can draw scrutiny.

Dark Pattern Compliance Checklist

Review your website against each item below. These 12 points cover the most common dark pattern violations that have led to FTC enforcement actions. Failing any of these is a signal that your website may be at risk.

What to Do If You Find Dark Patterns

If your website fails any of the checklist items above, the first step is to audit your full checkout and subscription flow end to end. Walk through the process as a new user would, from signup to cancellation, and document every point where the design nudges users toward a specific choice.

Fix any deceptive UI elements: remove pre-checked boxes, simplify cancellation to the same number of steps as signup, replace confirm-shaming language with neutral wording, and surface all fees before the final payment step. Run our free dark pattern scanner after making changes to verify the issues are resolved. Document your compliance efforts in case you ever need to demonstrate good faith to a regulator.

For real-world examples of enforcement cases and the fines involved, visit our dark pattern examples and fines page. Our full Dark Pattern Scanner page has more details on the scanning engine, and you can compare plan options on our pricing page.

Frequently Asked Questions

What are the FTC's dark pattern guidelines?
The FTC has not published a single set of formal rules specifically about dark patterns, but it has made its position clear through enforcement actions, reports, and public statements. The 2022 FTC report 'Bringing Dark Patterns to Light' outlined the types of deceptive design the agency considers violations of the FTC Act. The key principle is that companies cannot use design choices to trick, coerce, or manipulate consumers into actions they would not otherwise take.
Can the FTC fine my small business for dark patterns?
Yes. While the largest fines have gone to companies like Epic Games ($245 million) and Amazon ($25 million), the FTC also pursues smaller businesses. The agency has taken action against companies of all sizes for deceptive cancellation flows, hidden auto-renewal charges, and misleading subscription terms. State attorneys general can also bring enforcement actions under their own consumer protection statutes.
How do I know if my website has dark patterns?
The fastest way is to run an automated scan using a tool like our free Dark Pattern Scanner. You should also manually walk through your checkout flow, cancellation process, and subscription signup as if you were a first-time user. Ask yourself: is cancellation as easy as signup? Are all fees visible upfront? Are any buttons designed to mislead? If you answer no to any of these, you likely have a dark pattern.
What is the penalty for FTC dark pattern violations?
Penalties vary based on the scope and severity of the violation. The FTC can seek civil penalties, consumer redress (refunds), and injunctive relief (requiring the company to change its practices). Recent penalties have ranged from $10 million (ABCmouse) to $245 million (Epic Games). The FTC can also require ongoing compliance monitoring and independent audits.
How often should I check for dark patterns?
You should scan after every significant change to your checkout flow, subscription management, or signup process. At a minimum, review quarterly. If you are a SaaS or e-commerce business, consider setting up scheduled weekly or daily monitoring with our PRO plan to catch issues introduced by design updates or A/B tests before they become compliance problems.