Dark Patterns in the Opt-Out Process and Compliance with the California Consumer Privacy Act (CCPA)

TL;DR

This paper investigates how dark patterns are used in online opt-out processes under the CCPA, revealing that many websites employ manipulative tactics that sometimes violate regulations, indicating a need for stronger enforcement.

Contribution

It provides an empirical analysis of dark patterns in opt-out processes and assesses their compliance with CCPA regulations, highlighting gaps and loopholes.

Findings

Websites employ various dark patterns in opt-out processes.

Some dark patterns are explicitly prohibited by CCPA.

Legal loopholes are exploited by certain dark patterns.

Abstract

To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our research reveals that websites employ a variety of dark patterns. Some of these patterns are explicitly prohibited under the CCPA; others evidently take advantage of legal loopholes. Despite the initial efforts to restrict dark patterns by policymakers, there is more work to be done.