Part I of this Comment briefly overviews dark patterns and demonstrates how parties have needlessly focused on loot boxes' similarity to gambling rather than addressing dark patterns, the actual source of the video game industry's consumer exploitation. Part II summarizes the video game industry's techlash, showcasing ways that the industry has abused its consumers and how consumers have responded, as well as arguing why governmental intervention is necessary to stop the industry from exploiting end users. Part III first analyzes the Protecting Children from Abusive Games Act ("PCAGA"), a bill introduced in 2019 to regulate loot boxes, and explains why this bill would be an ineffective solution for preventing manipulative game design. Additionally, Part III evaluates the Deceptive Experiences To Online Users Act-also known as the DETOUR Act-another bill introduced in 2019 that specifically targets dark patterns. Part III concludes by explaining how a regulatory model based upon the DETOUR Act would be the most effective solution for combatting predatory practices within the video game industry and supporting consumer welfare. Finally, Part IV proposes elements to be included within an effective legislative model for regulating dark patterns in the video game industry.
When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol92/iss1/6