“Almost sold out.” “Act now.” Such marketing messages, conveying urgency to purchase, led to a $2.6 million settlement with the Attorney General of New York over deceptive marketing practices.
On March 16, 2022, the Office of the Attorney General of New York announced this expensive settlement with an online travel company named Fareportal. Fareportal, the operator of online platforms such as CheapOair and OneTravel, provides services that allow consumers to purchase airplane tickets and book hotel and car rentals.
New York’s investigation revealed that since at least 2017, the company had engaged in deceptive marketing tactics to manipulate consumers into making purchases. In particular, the Attorney General found that Fareportal’s tactics created a false sense of urgency and exerted social pressure on consumers to complete purchases of tickets and add-ons quickly. As explained by Attorney General Letitia James, “Consumers wanted to land affordable tickets through Fareportal’s platforms but were met with lies instead."
Fareportal’s “Dark Pattern” Tactics
In 2021, the Federal Trade Commission stepped up its enforcement against previously-identified illegal “dark patterns” of marketing techniques that manipulate consumers into purchases. Perhaps the FTC was engaging in a bit of marketing of its own by using the phrase “dark patterns.”
Social media, influencer marketing, and mobile browsers may have amplified the effectiveness of those techniques, but those “dark patterns”...
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