Thirty-one theses on dating capitalism

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THESIS XXXI

PART FOUR — THE OTHER LEDGER

Regulators have named the mechanism without halting it.

The dark pattern is prohibited. The like limit remains.

Article 25 of the Digital Services Act prohibits dark-pattern interfaces. The European Parliament adopted a resolution on addictive design in December 2023 by 545 votes to 12. The Commission's fitness check on consumer law estimated harm from unfair digital practices at no less than €7.9 billion a year and opened consultation on a Digital Fairness Act in 2025, with a proposal expected in late 2026. In the United States, the Federal Trade Commission's click-to-cancel rule was vacated by the Eighth Circuit in July 2025 on procedural grounds. Every mechanism named in these thirty-one theses has been described in a statute, a resolution or a complaint. The like limits are still there this morning.

EVIDENCE SNAPSHOT

545–12

EP VOTE

European Parliament vote on addictive digital design

≥€7.9B

ANNUAL HARM

Estimated yearly harm from unfair digital practices

Late 2026

DIGITAL FAIRNESS ACT

Expected timing of the Digital Fairness Act proposal

Active

STATUS

Named mechanisms remain active despite regulatory recognition

KEY FINDING

Article 25 of the Digital Services Act prohibits dark-pattern interfaces.

IMPLICATION

Regulatory recognition has advanced faster than enforcement and product change.

Source apparatus

SOURCE 01

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LEGISLATION / POLICY REVIEW

European Commission. (2024). Digital fairness — Fitness check on EU consumer law (Staff Working Document).

SOURCE 02

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LEGISLATION / POLICY REVIEW

European Parliament. (2023, December 12). Resolution on addictive design of online services and consumer protection.