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WASHINGTON, D.C. \u2013 Interactive Advertising Bureau (IAB) is challenging a Federal Trade Commission (FTC) complaint against Amazon in federal court, arguing the agency is seeking to \u201cregulate and punish truthful statements made in advertising based on what the FTC calls \u2018dark patterns\u2019\u2026 merely a series of normal and lawful business practices cobbled together and grouped under ominous buzzwords.\u201d <\/p>\n
Broadly defending advertisers and marketers, IAB asserts in its amicus brief that a ruling in favor of the FTC could give the agency nearly unlimited authority to police commercial speech that is neither deceptive nor misleading \u2013 the legal standard for penalties. <\/p>\n
\u201cWhat the FTC is actually alleging is that consumers were convinced by an advertiser\u2019s accurate description of a program\u2019s benefits,\u201d according to IAB. In addition to criminalizing effective language, the FTC\u2019s theory of \u201cdark patterns\u201d could criminalize design elements such as size and color. Because they are standard and widespread, IAB notes the FTC employs the same marketing practices it alleges are violations of federal law.<\/p>\n
IAB has previously challenged similar FTC rulemaking. In June, the trade association filed public comments disputing proposed rules for \u201cnegative options\u201d that would mandate cumbersome online subscription practices. In both cases, IAB has defended the benefits of online marketing and advertising for U.S. consumers, as well as businesses. <\/p>\n
About IAB<\/strong>
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.<\/p>\n