To protect consumer privacy, the California Consumer Privacy Act (CCPA) mandates that businesses provide consumers with a straightforward way to opt out of the sale and sharing of their personal information. However, the control that businesses enjoy over the opt-out process allows them to impose hurdles on consumers aiming to opt out, including by employing dark patterns. Motivated by the enactment of the California Privacy Rights Act (CPRA), which strengthens the CCPA and explicitly forbids certain dark patterns in the opt-out process, we investigate how dark patterns are used in opt-out processes and assess their compliance with CCPA regulations. Our research reveals that websites employ a variety of dark patterns. Some of these patterns are explicitly prohibited under the CCPA; others evidently take advantage of legal loopholes. Despite the initial efforts to restrict dark patterns by policymakers, there is more work to be done.

The widespread sharing of consumers’ personal information with third parties raises significant privacy concerns. The California Consumer Privacy Act (CCPA) mandates that online businesses offer consumers the option to opt out of the sale and sharing of personal information. Our study automatically tracks the presence of the opt-out link longitudinally across multiple states after the California Privacy Rights Act (CPRA) went into effect. We categorize websites based on whether they are subject to CCPA and investigate cases of potential non-compliance. We find a number of websites that implement the opt-out link early and across all examined states but also find a significant number of CCPA-subject websites that fail to offer any opt-out methods even when CCPA is in effect. Our findings can shed light on how websites are reacting to the CCPA and identify potential gaps in compliance and opt-out method designs that hinder consumers from exercising CCPA opt-out rights.