The Electronic Privacy Information Center (EPIC) has released a new report, "Good Luck Opting Out," highlighting how manipulative design patterns hinder consumers' ability to exercise their privacy rights, alongside a series of advocacy efforts for stronger data protection and against pervasive surveillance. The organization continues its push for comprehensive federal privacy legislation while actively engaging on state-level bills and challenging government data practices.
Authored by EPIC Scholar in Residence Justin Sherman and EPIC Counsel Caroline Kraczon, the report identifies eight significant manipulative design patterns. These patterns, found across various platforms from data brokers to dating apps, are described as deceptive, coercive, or exploitative, ultimately undermining consumers' true preferences despite existing privacy laws that often require individuals to actively manage their data.
EPIC's recent activities include Counsel Suzanne Bernstein's testimony in New Jersey supporting a bill to protect consumers from surveillance pricing. The organization also joined a coalition urging the Federal Trade Commission (FTC) to investigate Roblox for manipulative design features that endanger children. Furthermore, EPIC Deputy Director and Policy Director Caitriona Fitzgerald criticized the proposed SECURE Data Act, saying it "is worse than any privacy law we have evaluated" and would weaken existing state protections.
In other developments, EPIC submitted comments to the FTC on antitrust concerns and privacy, and advised CalPrivacy on prohibiting dark patterns in privacy policies and implementing independent testing for data broker audits. The group also objected to proposals from the U.S. Department of Agriculture and the Department of Housing and Urban Development regarding sensitive data disclosure and AI tool implementation, respectively. EPIC urged Congress to reject bills it deemed threats to American privacy and called for a ban on automatic license plate readers for non-tolling purposes.
EPIC will host its Champions of Freedom 2026 event on September 22 in Washington, D.C., focusing on "STOPPING THE SURVEILLANCE STATE." The organization reiterates its long-standing call for a robust federal privacy law in the United States, emphasizing the need for strong protections against pervasive surveillance systems embedded in everyday technologies.