Dark patterns are intentionally deceptive designs used by companies to steer people into making choices that aren’t in the consumers’ best interest. These include being unable to cancel unwanted subscriptions, feeling rushed into online purchases, and being bombarded with pop-up requests for data with no easy option to decline.
These manipulative practices are a common way mainstream companies dupe people into sacrificing their privacy or paying for stuff they don’t really want, according to NerdWallet/AP. For example, buttons that allow sites to sell your data may be prominent, while the buttons for opting out are obscured. Retail sites may use a countdown timer and fake low-stock warningsA for products to imply a sense of urgency and pressure consumers into buying.
The US Federal Trade Commission reported on the rise of dark patterns last year and has since taken action against companies including Amazon and Epic Games, seeking to eliminate these manipulative practices. In specific cases, Epic Games was ordered to pay consumers US$245mil to settle charges, and Amazon was sued over allegations leading to a “labyrinthine” cancellation process named “Iliad”.
Furthermore, state attorneys general from Indiana, Texas, Washington state and Washington, D.C. sued Google over allegations that the company used dark patterns to access consumers’ location data. While regulatory actions send a clear signal to companies, some believe federal laws may be needed to protect consumer pocketbooks and privacy.
The burden of preventing companies from deceptively collecting data and money shouldn’t be on consumers, according to policy analyst Matt Schwartz. However, there are a few ways consumers can fight back, such as slowing down, reading a site’s refund policies before purchasing, and documenting dark patterns found.
Additionally, consumers can make complaints to the FTC or state attorney general’s office and consider not doing business with sites that employ dark patterns. By raising awareness of these practices and taking action against them, consumers can work towards eliminating the use of dark patterns by companies.
