Mac Murray & Shuster LLP

What are Dark Patterns in Advertising & Marketing?

The term “dark patterns” was coined in 2010 by user-design researcher Harry Brignull to describe a user interface carefully designed to trick or manipulate consumer psychology. Confusing purchase language, hidden fees or terms and conditions, pre-checked purchase or consent boxes, and inaccessible cancellation and opt-out methods are just a few of the dark patterns you have likely come across. Retailers have long used coercive tactics, like psychological pricing, to influence consumer decisions. However, dark patterns are so pervasive now because businesses gather substantial online user-inter

Can I advertise cannabis products nationally?

Because cannabis remains a Schedule I drug under the Controlled Substances Act, advertisements for cannabis products using means of interstate commerce are generally prohibited. This means advertising via cross-state radio and television programs using federal airwaves is technically illegal, as is conducting interstate telemarketing initiatives. Currently, advertising directed toward the general public and transmitted through the internet represents a legal gray area but is also generally prohibited depending on the service provider. Marketers should review their website domain and service pr

What laws apply to biometric data collection and privacy?

Because cannabis remains a Schedule I drug under the Controlled Substances Act, advertisements for cannabis products using means of interstate commerce are generally prohibited. This means advertising via cross-state radio and television programs using federal airwaves is technically illegal, as is conducting interstate telemarketing initiatives. Currently, advertising directed toward the general public and transmitted through the internet represents a legal gray area but is also generally prohibited depending on the service provider. Marketers should review their website domain and service pr