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CCPA Dark Pattern Prevention & Regulation Guidelines are mandatory and enforceable
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Since these are ‘guidelines’, are they mandatory or just discretionary? Can they be enforced?
In some previous cases, the supreme court has confirmed that when a government authority publishes guidelines or rules, by exercising proper powers conferred by a statute or by the constitution, then such guidelines or rules are justiciable, they can be enforced.
In this case, the CCPA has issued these guidelines by using the powers conferred by section 18 of the Consumer protection act of 2019.
Section 18 clearly talks about the role of the CCPA in preventing unfair trade practices and preventing false or misleading advertisements
– and since dark patterns can be considered as unfair trade practices or false or misleading advertisements the CCPA has acted within the scope of the Consumer Protection Act.
In some previous cases, the supreme court has confirmed that when a government authority publishes guidelines or rules, by exercising proper powers conferred by a statute or by the constitution, then such guidelines or rules are justiciable, they can be enforced.
In this case, the CCPA has issued these guidelines by using the powers conferred by section 18 of the Consumer protection act of 2019.
Section 18 clearly talks about the role of the CCPA in preventing unfair trade practices and preventing false or misleading advertisements
– and since dark patterns can be considered as unfair trade practices or false or misleading advertisements the CCPA has acted within the scope of the Consumer Protection Act.