Articles Tagged with Dark Patterns

A few years ago, when my daughter insisted that she needed to try the Charli drink at Dunkin Donuts, I scoffed. Who is Charli? And what is that drink? Well, it turned out “Charli” was social media influencer Charli D’Amelio, with over 100 million TikTok followers, and considered one of the most influential teens in the world. The drink was a sugar-blasted undrinkable concoction (that’s my opinion, and I was not the targeted demographic). The result of that influencer marketing program was (1) the drink sold like hot cakes; and (2) more importantly, it led to a 57% surge in mobile app downloads. Cold Brew sales increased by 20% on the launch day, and 45% on day two. The goal was to appeal to young consumers. It worked. Big time.

As an attorney in the law marketing space, I’ve tried to wrap my head around these newer forms of advertising and promotion. There is no question that influencers influence–Corporate spending on influencers will exceed $10 billion in 2025, more than doubling since 2021, according to eMarketer. Consumer reviews—a cornerstone of marketing for most every industry (law firms included!)—bring their own set of potential perils with them. And creative (and entrepreneurial) digital designers employ dark patterns—deceptive design techniques used in websites, apps, and digital interfaces to manipulate users into making choices they might not otherwise make. In other words, there is lots of room for legal issues and the need for a CLE on the subject matter. This is not your grandparents’ marketing.