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Are there some semantic games being played here whereby the initial “Accept vs Customize” dark pattern dialogs don’t count as “withdrawing” consent because no consent has been given at that point? I.e. the annoying path of clicking Customize isn’t actually the withdrawal process, but is just the method of gaining acceptance?



They're definitely trying that as a loophole, but it won't hold up. "No action/response" can't count as consent, and so if you never granted it, then they don't yet have it to begin with and aren't allowed to collect.




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