Dark pattern

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Dark patterns refer to deceptive design practices used in websites, applications, or digital interfaces to manipulate users into making decisions that benefit the organization implementing them, often at the expense of the user’s best interests. Coined by user-experience (UX) specialist Harry Brignull in 2010, the term has since become a critical focus in consumer advocacy, as these practices undermine transparency and user autonomy.

Types and examples of dark patterns

Dark patterns can be found across multiple industries and platforms. While some examples overlap or share common tactics, all rely on manipulation and deception to achieve their goals. Listed below are notable types:

• EULA roofie: Critical end-user license agreements (EULAs) are hidden or presented only after purchase, making it difficult for users to review terms before committing. These agreements may be located inside packaging, under a lid, or displayed upon initial activation, limiting informed consent. This tactic overlaps with "forced continuity" and "roach motel" practices.

• Forced continuity: Users are charged for a subscription or service after a free trial without adequate warning or an easy cancellation option.

• Roach motel: Users can easily sign up for a service or subscription but will find it extremely difficult to cancel.

• Hidden costs: Additional charges are revealed only at the final stages of a transaction, after users have already invested significant time.

• Sneak into basket: Items or services are automatically added to a shopping cart without explicit consent.

• Confirmshaming: Users are guilt-tripped into taking a particular action by framing alternative options unfavorably (e.g., "No, I don’t want to save money").

• Privacy Zuckering: Tricking users into sharing more personal information than intended, often through misleading privacy settings or pre-checked consent boxes.

• Disguised ads: Ads are designed to look like native content or legitimate interface elements, tricking users into clicking.

• Trick questions: Questions are confusingly or misleadingly phrasing to elicit unintended responses from users.

• Fear of missing out (FOMO): The use of time-limited availability to instill a sense of urgency in users, causing them to devote more time or money in order to acquire a product, service, or digital item. This tactic overlaps with "misleading scarcity message" practices.

• Misleading scarcity messages: Phrases like "Only 3 left in stock!" or "Offer expires in 10 minutes" are displayed to create a false sense of urgency, even when the product is widely available.

• Friend spam: Users are encouraged to share personal information about their friends or contacts, which is then used for unsolicited marketing.

• Default-settings exploitation: Options that benefit the company are pre-selected, such as extensive data sharing or auto-renewal of subscriptions.

• Obstruction: Simple tasks are made unnecessarily complicated, such as requiring users to navigate multiple steps to cancel a subscription or delete an account.

Why dark patterns are problematic

Dark patterns are more than just unethical design choices. They have real-world consequences for consumers and society. Key concerns include:

• Erosion of trust: Users lose confidence in platforms that manipulate their choices, undermining long-term loyalty.
• Financial loss: Consumers often incur unexpected charges or fees, because of deceptive practices.
• Privacy violations: Trickery in consent-gathering leads to the misuse or overcollection of personal data.
• Exploitation of vulnerability: Vulnerable populations are disproportionately affected, such as children or those with limited digital literacy.

Regulatory efforts

Governments and consumer-protection organizations are increasingly scrutinizing dark patterns. Key developments include:

• California Privacy Rights Act (CPRA): Prohibits the use of deceptive designs to obtain consent for data collection.
• EU General Data Protection Regulation (GDPR): Mandates that consent be informed and freely given, effectively targeting privacy zuckering.
• Federal Trade Commission (FTC): In the U.S., the FTC has taken action against companies employing dark patterns, including fines and enforcement actions.

Combating dark patterns

Consumers and designers can take steps to identify and combat dark patterns by:

• Raising awareness: Educating users about common dark patterns helps them make informed decisions.
• Transparent design principles: Advocating for ethical design practices that prioritize user autonomy and clarity.
• Policy advocacy: Supporting stronger regulatory frameworks to hold organizations accountable for deceptive practices.
• Third-party tools: Using browser extensions and tools designed to block or highlight manipulative elements.

Conclusion

Dark patterns undermine the principles of fair commerce and user empowerment, exploiting human psychology for profit. As awareness grows, collaboration among consumers, designers, and regulators will be essential to curb their prevalence and ensure digital spaces remain transparent and trustworthy.