On
Key Takeaways
-
This complaint represents a continuation of the
- The complaint is further evidence of the
FTC's increased focus on individual executive accountability for corporate acts.
The
Adobe is a software company known for popular design and productivity software applications, such as Acrobat, Photoshop and Illustrator. The
This subscription plan is Adobe's default plan for its products and services, and is the first plan that appears on the page where consumers can select plans. The monthly fee for this plan makes it appear to be the lowest-priced plan on the selection page—but the plan is not, in fact, a monthly plan; it is instead a yearly plan with a penalty for termination before the year has passed.
According to the
The complaint also alleges that if consumers attempt to cancel their subscription plans through Adobe's online interface, they must navigate an extremely complicated online process with several unnecessary steps. If consumers attempt to cancel through customer service, they allegedly face delays, dropped calls and "resistance" from customer service representatives.
Notably, the complaint also names two Adobe executives: the senior vice president and president who oversee digital marketing and sales for Adobe. Although the complaint's description of the executives' specific involvement with Adobe's subscription practices is heavily redacted, in general it alleges that both executives directed and controlled Adobe's subscription system, and are thus liable for the unfair or deceptive acts or practices connected to it.
The complaint seeks relief in the form of civil penalties, monetary relief and permanent injunctions for all defendants, including the Adobe executives.
Significance of the
This complaint shows that the FTC is continuing to pursue enforcement actions against companies that provide subscription-based services for dark patterns practices that are allegedly unfair or deceptive. As former FTC attorney
The complaint also continues the
In 2022, for example, the FTC filed a complaint against
Agency leadership has embraced this focus on individual accountability. Former FTC Commissioner
Conclusion
Companies operating subscription services should be on notice that the FTC is continuing to pursue dark patterns enforcement with respect to subscription services and cancellation processes. In its complaint against Adobe, the FTC has also signaled its continued willingness to name executives responsible for corporate conduct as defendants in consumer protection actions. As this complaint shows, the consequences of being named in an FTC action may be significant for companies and executives, including civil penalties, monetary relief and permanent injunctions.
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