UNITED STATES OF AMERICA
Federal Trade Commission
Office of Commissioner
Rohit Chopra
STATEMENT OF
COMMISSIONER ROHIT CHOPRA
Regarding Dark Patterns in the Matter of Age of Learning, Inc.
Commission File Number 1723186
September 2, 2020
Today, the Commission finalizes an important action against Age of Learning, which operates
the ABCmouse subscription service for young children’s educational content. At a time when
many parents are looking for more opportunities for educational enrichment online, it is
disappointing that services like ABCmouse have scammed millions of dollars from families
through dark patterns, as alleged in the Commission’s complaint. By making it extremely
difficult to cancel recurring subscription fees, ABCmouse engaged in conduct that was not only
unethical, but also illegal.
Dark Patterns Trick and Trap Users by Design
Dark patterns are design features used to deceive, steer, or manipulate users into behavior that is
profitable for an online service, but often harmful to users or contrary to their intent. Since Harry
Brignull first coined the phrase in 2010, researchers have identified a wide variety of dark
patterns – each one aimed at a nefarious outcome that almost certainly could not be achieved
without deception.1
Dark patterns are the online successor to decades of dirty dealing in direct mail marketing.2
Scams by mail have never gone away, but they have been eclipsed by digital deception, often
using dark patterns. But, because dark patterns are not limited by physical constraints and costs,
these digital tricks and traps pose an even bigger menace than their paper precursors.
Typically, digital tricks and traps work in concert, and dark patterns often employ a wide array of
both. Dark pattern tricks involve an online sleight of hand using visual misdirection, confusing
language, hidden alternatives, or fake urgency to steer people toward or away from certain
choices. This could include using buttons with the same style but different language, a checkbox
