What Are Dark Patterns in Gaming? Legal Risks After the Fortnite Settlement
Dark patterns are manipulative user interfaces that trick consumers into unwanted purchases or data sharing. These deceptive practices violate Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts in commerce. The FTC’s $245 million settlement with Epic Games establishes that confusing button layouts and consent-bypassing designs constitute illegal deception.
In June 2025, the FTC distributed over $126 million to nearly one million Fortnite players, bringing total refunds to almost $200 million.
How Dark Pattern Laws Work
Federal Consumer Protection Standards
Section 5 of the FTC Act empowers the FTC to prevent unfair or deceptive acts in commerce. A practice is deceptive when it misleads reasonable consumers about material facts. An act is unfair when it causes substantial injury consumers cannot avoid and that isn’t outweighed by benefits.
The FTC doesn’t need to prove intent. If interface design leads to unwanted purchases through confusion, federal law is violated. The September 2022 “Bringing Dark Patterns to Light” report identifies four illegal categories: creating false beliefs, hiding information, causing unauthorized charges, and tricking data sharing.
State Laws and COPPA
California’s Privacy Rights Act, Colorado’s Privacy Act, and Connecticut’s Data Privacy Act invalidate consent obtained through dark patterns. California penalties reach $7,500 per intentional violation. The Children’s Online Privacy Protection Act requires verifiable parental consent before collecting information from children under 13.
Common Dark Patterns in Games
Confusing Buttons and Hidden Confirmations
The FTC found Fortnite players charged during sleep mode wakes, loading screens, or by pressing adjacent buttons. Epic placed preview buttons next to purchase buttons and swapped configurations between platforms. Standard e-commerce requires clear purchase confirmation. Dark patterns skip this. When game currency obscures real money combined with single-tap purchases, practices become illegal.
Subscription Traps
The Restore Online Shoppers’ Confidence Act prohibits charging for services without clear disclosure and consent. Games advertised as “free” often bury automatic premium enrollment. When cancellation requires navigating multiple obscured screens, you’re trapped in illegal patterns.
What People Get Wrong
Marketing persuades through benefits. Dark patterns deceive by obscuring facts. If design effectiveness depends on consumers not understanding transactions, you’ve crossed into deception. Burying information in dense legal text is itself a dark pattern—the FTC considers how reasonable consumers actually behave.
What to Do If Affected
Document and Report
Screenshot confusing purchase flows. Save receipts and statements. File complaints at ReportFraud.ftc.gov with specific details. Individual complaints contribute to enforcement priorities and may trigger investigations.
Request Refunds
Contact developers or app stores directly, requesting refunds for unwanted purchases caused by deceptive design. If refused, escalate to your credit card company under the Fair Credit Billing Act.
Consult an Attorney
If you’ve suffered substantial harm or had accounts locked after disputing charges, consult a consumer protection attorney. Many states provide attorney’s fees in unfair practices cases.
Frequently Asked Questions
Are all video game purchases dark patterns?
No. Dark patterns specifically involve deceptive interfaces tricking you into unwanted actions. Legitimate purchases with clear pricing and confirmations are legal.
Can parents get refunds for children’s unauthorized purchases?
Yes, under certain circumstances. If children made purchases without parental knowledge and games bypassed proper controls, refunds may be available. The Fortnite settlement covered cases between January 2017 and November 2018.
Do free-to-play games have different rules?
No. Free-to-play games face identical consumer protection requirements. Regulators scrutinize purchase flows more carefully since business models depend on in-game purchases.
How long to claim refunds?
For FTC settlements, specific deadlines apply. For credit card disputes under the Fair Credit Billing Act, you have 60 days. For lawsuits, state statutes typically range from 2-6 years.
Will the FTC pursue other gaming companies?
Yes. The FTC signals ongoing scrutiny of dark patterns across digital industries. Companies employing similar manipulative designs face significant litigation risk.
What distinguishes engagement from illegal dark patterns?
Games use reward loops for engagement. These become illegal when impairing decision-making. Fake countdown timers for perpetual offers constitute deceptive advertising. The FTC scrutinizes whether designs exploit cognitive biases causing harm outweighing benefits.
Last Updated: January 29, 2026
Disclaimer: This article is informational only and not legal advice.
If you believe you’ve been affected by dark patterns, consider consulting a qualified consumer protection attorney.
Stay informed, stay protected. — AllAboutLawyer.com
Meta Description
Dark patterns violate FTC consumer laws. Learn how the $245M Fortnite settlement changed legal standards for deceptive game design and your rights.
Sources Cited
- Federal Trade Commission, “FTC Sends $126 Million in Refunds to Fortnite Players” (June 2025), https://www.ftc.gov/news-events/news/press-releases/2025/06/ftc-sends-126-million-refunds-fortnite-players-who-were-charged-unwanted-items-reopens-claims
- Federal Trade Commission, “Bringing Dark Patterns to Light” Staff Report (September 2022), https://www.ftc.gov/system/files/ftc_gov/pdf/P214800%20Dark%20Patterns%20Report%209.14.2022%20-%20FINAL.pdf
- 15 U.S.C. § 45 (Federal Trade Commission Act, Section 5)
- California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.140(l)
- Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6505
- Restore Online Shoppers’ Confidence Act (ROSCA), 15 U.S.C. §§ 8401-8405
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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