{"id":2560,"date":"2026-04-15T08:29:36","date_gmt":"2026-04-15T16:29:36","guid":{"rendered":"https:\/\/blog.mozilla.org\/netpolicy\/?p=2560"},"modified":"2026-04-15T08:29:36","modified_gmt":"2026-04-15T16:29:36","slug":"mozilla-urges-the-ftc-to-tackle-harmful-design-practices","status":"publish","type":"post","link":"https:\/\/blog.mozilla.org\/netpolicy\/2026\/04\/15\/mozilla-urges-the-ftc-to-tackle-harmful-design-practices\/","title":{"rendered":"Mozilla Urges the FTC to Tackle Harmful Design Practices"},"content":{"rendered":"

In response to concerns from both consumers and the industry, the US Federal Trade Commission (FTC) invited public comment<\/a> on whether it should amend the current Rule Concerning the Use of Prenotification Negative Option Plans<\/a> to address deceptive or unfair negative option practices.<\/p>\n

Negative option marketing is a practice in which a seller treats a consumer\u2019s silence or failure to take action as consent to be charged for goods or services. This technique is often used in subscription services, where users may be guided toward accepting recurring charges through default selections or obscure disclosures. These design practices, also known as \u201cdark patterns<\/a>,\u201d successfully manipulate and influence user behavior<\/a> on a systematic level and are often employed in all aspects of digital markets, not just with subscriptions.<\/p>\n

As a browser developer, Mozilla is well-acquainted<\/a> with the negative impacts of manipulative design. The web browser market provides a documented case study illustrating how operating systems deploy deceptive design practices<\/a> to weaponize friction and status-quo bias to influence consumer behavior. As such, Mozilla was eager to provide feedback and encourage the Commission to examine the breadth of deceptive design practices that undermine choice.<\/p>\n

Dark patterns are a byproduct of power asymmetry between companies\u00a0 and consumers. If we don\u2019t protect meaningful choice and effective competition now, we risk giving even more control to the biggest players \u2014 and losing what makes the web open and innovative in the first place.<\/p>\n

The FTC has a critical opportunity, both in this rulemaking and more broadly, to modernize consumer protection for the realities of digital markets. We encourage the FTC to:<\/p>\n