FTC warns of "DARK PATTERNS" being used to invade privacy. Is Walmart is using similar methods to DRIVE text messages?

In 2022, the Federal Trade Commission warned of "dark patterns" being used: "design tricks and psychological tactics, such as pre-checked boxes, hard-to-find-and read disclosures, and confusing cancellation policies, to get consumers to part with their money or data"

The FTC mentioned "Many companies, for instance, are able to hide important information from consumers on their mobile devices because the amount of scrolling required makes it unlikely that people will see it".

Look at this Walmart.com checkout page - this image pre-populated a complete phone number, and pre-checked the "I want to receive text messages updates" box. Don't see it? Keep scrolling down. All the way down.

On many screens, these boxes will be "below the fold" and would be invisible to anyone who didn't scroll down and find it. How many Walmart customers are going to scroll to the bottom of this page to see if Walmart is putting something down there?

Why does this matter? First, not all Walmart customers will want text message updates bugging them. And second, phone numbers change, and when you last changed your phone number, did you remember to update all the websites you used immediately? If you don't update Walmart promptly, the next person to have your phone number might bothered by your Walmart text messages for a long time.

Walmart's defaulting customers to receiving text messages updates unless they how and where to turn them off could well be the "dark pattern" the FTC is warning about.

Are telemarketers harassing you in Washington, Oregon, or Montana? We can help, just give us a call at 206-800-6000 or email peter@nwdebtresolution.com.

The thoughts, opinions and musings of this blog are those of Peter Schneider, a consumer advocate and Washington State telemarketing attorney at Northwest Debt Resolution, LLC. They are just that, his thoughts, opinions and musings and should be treated as such. They are not legal advice and do not create an attorney client relationship between the reader and him or his firm. If you are looking to file a lawsuit for TCPA violations and unwanted calls please contact me for a consultation.