Last month, the Federal Trade Commission (FTC) released a report, Bringing Dark Patterns to Light, describing some of the increasingly sophisticated design practices known as “dark patterns” that some companies use on the internet to trick consumers.
The term “dark patterns” was coined in 2010 and refers to design practices that manipulate users into making harmful choices that they otherwise would not have made. One study showed that use of dark patterns caused the percentage of consumers who signed up for a particular service to double as compared to those who had been presented with a neutral interface.
If you’re a customer, you’ll want to know what to look out for, and if you operate a business, you’ll want to avoid using these dark patterns, since the FTC is stepping up enforcement against these types of illegal tactics.
The new FTC report focuses on four types of dark patterns:
Disguising Ads and Other Methods of Misleading Consumers
Comparison shopping sites sometimes claim to be neutral but actually base their ranks on how much they’re paid by businesses selling the ranked products and services.
Some companies use advertisements designed to look like they’re independent, editorial content, sometimes even falsely attributing those stories to news organizations like CNN or Fox News.
An advertiser may post a countdown timer designed to make consumers think they have a limited time to purchase a product or service even though the offer isn’t really time-limited, or falsely claim the item is almost sold out.
Burying Key Terms and Fees
Some businesses hide important information from consumers. For example, they might bury pertinent terms in dense contracts that consumers don’t read before making purchases or hide fees beneath buttons that customers are unlikely to click.
“Drip pricing” describes a tactic in which a business advertises only part of the total price in order to lure customers in, disclosing other mandatory charges only after the consumer has spent considerable time in selecting and finalizing the product or service for purchase.
Making it Difficult to Cancel Subscriptions and Other Charges
Another dark pattern involves tricking consumers into paying for goods or services without their consent by making it unreasonably difficult to cancel subscriptions, free trials, and the like.
Some businesses even sneak products into the customers’ online shopping carts or change the meaning of buttons so that suddenly the button that used to mean something innocuous now means “buy.” This tactic is often used in online children’s games.
Tricking Consumers into Sharing Personal Information
Default settings often provide for extensive sharing of data, while providing only brief notice of the alternatives. Other times, the choice that results in more data sharing is highlighted, while the more private option is greyed out. In some cases, toggle settings are confusing, or the privacy options are difficult to access.
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Everyone should review the FTC report for more examples of dark patterns.
Consumers should learn how to avoid being tricked by dark patterns, and businesses must ensure that their online interfaces do not deceive consumers in order to comply with the FTC Act.
Please feel free to contact us if you need any assistance or have any questions about dark patterns or how to comply with FTC requirements.
