Data Privacy, Privacy

How Dark Patterns Can Violate the California Privacy Rights Act (CPRA)

July 30, 2025

Dark patterns aren’t just unethical—they’re illegal under the California Privacy Rights Act (CPRA). Learn how your company might be violating data privacy laws and how to stay compliant.

What Are Dark Patterns in Data Privacy?

“Dark patterns” refer to deceptive design tactics used in websites or applications that trick users into actions they might not have taken intentionally—such as consenting to data sharing, subscribing to services, or giving up personal information.

These misleading user interface (UI) strategies are now legally problematic in several U.S. states, especially in California, where the California Privacy Rights Act (CPRA) explicitly bans them.

CPRA and the Prohibition on Dark Patterns

Under the CPRA, which amended and expanded the California Consumer Privacy Act (CCPA), businesses are required to obtain “freely given, specific, informed, and unambiguous” consent when collecting or processing personal data.

Dark patterns violate this principle by:

Pre-selecting consent checkboxes
Making the “opt-out” option difficult to find
Using confusing language in cookie banners or privacy notices
Presenting misleading choices to influence user behavior

The California Privacy Protection Agency (CPPA)—tasked with enforcing the CPRA—has signaled that it will strictly monitor user interface design that undermines consumer rights.

Why This Matters to Your Business

If your company targets or serves California residents, your website or app must be compliant with the CPRA—not just in substance but also in how you present choices to users.

Failing to eliminate dark patterns can lead to:

Regulatory fines and enforcement actions from the CPPA
Loss of customer trust, especially among privacy-conscious consumers
Operational disruptions if found non-compliant during audits or investigations

Whether you built your user flows in-house or used third-party tools, you may be unknowingly violating the CPRA just by the way your cookie banner, sign-up forms, or data collection prompts are designed.

How Curated Privacy LLC Can Help

At Curated Privacy LLC, we help businesses like yours identify and eliminate dark patterns in digital platforms. Our team conducts hands-on compliance audits to assess whether your consent mechanisms meet the legal standards under the CPRA.

We review your website, mobile app, and third-party tools
We provide clear remediation steps to replace deceptive UI with compliant, user-friendly alternatives
We assist with rewriting privacy policies, cookie banners, and consent flows

And yes—we offer FREE consultations.

If you’re unsure whether your website design could land you in legal trouble, now is the time to act. The CPPA has started ramping up enforcement, and proactive compliance is far more cost-effective than responding to penalties.