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Required: You work as a policy advisor and are requested to write a short memo explaining how consumer law and policy should approach the issue of dark patterns. In your analysis, include the main factors that should be considered in forming a sensible policy response. Make sure to apply your consumer law knowledge and the relevant insights to the issue at stake.
General points you may wish to consider:
– How can ‘The Big Five’ (consumer law and policy key questions presented in class) assist in framing and analysing the issue?
– What are the key pros and cons of attempting to regulate dark patterns?
– What values, concerns or rationales may justify, or negate, legal intervention?
– Can such legal intervention backfire?
– To what extent is regulating dark patterns in line with current approaches adopted by the FTA?
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