Speaking Engagements | October 21, 2025

What Are Dark Patterns and How Are They Being Used to Manipulate On-line Consumer Behavior

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Digital rendering of a person's face and alert logo, deep fake
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Panelist: Anna Mercado Clark

Think Like a Lawyer, Talk Like a Geek 2025: Get Fluent in Technology

Companies seeking a competitive advantage for their businesses online may be using “Dark Patterns” (deliberately deceptive design that trick users) and deepfakes (AI-generated video, audio or images that impersonate a person) to influence user behavior without full consideration of their reputational, regulatory and legal risks. Regulators have warned against exploiting cognitive and psychological triggers to create a deceptive online environment for consumers. Anna Mercado Clark will join this panel to explore how dark patterns and deepfakes have been used and applicable regulatory and legal landscape governing that use. After completing this session, participants will have a greater understanding of:

  • What are Deepfakes and Dark Patterns and how are they being used to influence consumers?
  • How have US and foreign legislation, such as the EU’s Digital Services Act, attempted to address these uses?
  • What harm, if any, can result from such uses, both to users and companies?
  • Practical considerations for counseling clients in this area

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