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Dark Patterns in E-commerce

Overview

Dark patterns, also known as deceptive design patterns, are user interface (UI) and user experience (UX) designs intentionally crafted to manipulate users into taking actions that are not in their best interest. These patterns exploit cognitive biases and psychological vulnerabilities to trick users into making unintended purchases, sharing personal information, or subscribing to unwanted services.

Harry Brignull, a UX specialist, coined the term “dark patterns” to describe these manipulative designs. His website, , serves as a repository and educational resource, categorizing and showcasing various types of dark patterns. Common types of dark patterns include:

• Bait and Switch: Users intend to perform one action, but a different, undesirable action occurs.
• Forced Continuity: Users are enrolled in a recurring subscription without explicit consent and are then made it difficult to cancel.
• Hidden Costs: Unexpected fees or charges are added during the checkout process.
• Confirmshaming: Users are made to feel guilty or ashamed for declining an offer.
• Roach Motel: Users are easily drawn into a situation but find it difficult to escape (e.g., complex cancellation processes).
• Privacy Zuckering: Users are tricked into publicly sharing more personal information than they intended.
• Disguised Ads: Advertisements are designed to blend in with the surrounding content, making them difficult to distinguish from legitimate information.
• Urgency: Creating a false sense of urgency to pressure users into making immediate purchases. (e.g. “Only 2 left in stock!”)

It is important to note that manipulative design predates e-commerce and cyberspace, with the use of rhetoric as a means of persuading an audience dating back to the time of the ancient Greek philosophers, who used their well-honed oratory skills (often for pay) to sway public opinion. The development of the printing press allowed for the mass production of political posters and pamphlets as well as commercial advertising materials. Architecture and the design of spaces have also been used to influence behavior: grand cathedrals and majestic government buildings are meant to create a sense of awe that emphasizes the power behind the buildings. Narrow city streets and the maze of pathways through retail stores are designed to control the flow of people and what they can see at any point in time.

In short, politics and advertising, in particular, have long relied on understanding human emotions and desires to exploit psychological triggers; controlling information to strengthen a particular perspective; and creating a sense of urgency or scarcity to motivate people into making decisions quickly. As commerce, and publicity in general, has moved online, these dark patterns have rapidly become more widespread and sophisticated, backed up with complex algorithms analyzing vast amounts of data that allow applications to evolve dynamically.

According to the U.S. Federal Trade Commission (FTC) 2022 report, “,” sophisticated dark patterns are on the rise, designed to trick and trap consumers. The FTC report highlights how companies use various tactics, including manipulating user interfaces, obscuring key information, and leveraging psychological nudges, to mislead consumers and obtain their consent for actions they may not intend. A growing body of statues and regulations in the US and in Europe aim to protect consumers, in particular, by combating deceptive practices in both traditional media and in cyberspace.

Scenario/Intended Audience

In your first job after graduating from NC State, you are working as a software engineer working for a small, agile startup that develops advertising management and tracking software. Your software includes tools for designing and deploying online advertisements and social media campaigns. The system is used by many smaller retailers, craftspeople, and artists who cannot afford dedicated advertising staff or contractors.

Your team is working on a new feature that allows clients to create engagement captures. These captures are designed to maximize user interaction and data collection. They might include:

• “Progress bars” that never complete: Users are led to believe they are making progress, but the bar remains perpetually incomplete, encouraging them to continue engaging.
• “Urgency” tactics: Ads display countdown timers or limited-time offers, even when there is no genuine scarcity.
• “Confirmshaming” tactics: Buttons are labeled with emotionally charged phrases that discourage users from declining to share their data or donate.
• “Disguised endorsements“: The software can create social media posts that appear to be from ordinary users, but are actually paid advertisements.

At a recent “all-hands” meeting to discuss the new feature, the CEO argues that these tactics are essential for competing in the modern online advertising landscape. She points out that many large retailers and advertising companies are already using similar techniques. However, you are aware that regulatory bodies like the Federal Trade Commission are increasingly scrutinizing and cracking down on dark patterns in commercial contexts. When it is your turn to speak, you mention several recent cases where the FTC has fined companies for engaging in this kind of manipulative advertising. You also express your concerns about the ethical implications of using these techniques.

A few days later, you learn that a representative from a consumer advocacy group has contacted your CEO, and has clearly stated that if your company releases advertising management software that incorporates these kinds of tactics, they will file a complaint with the FTC. The representative also says that they will run a very public campaign against your company. Recalling your strong ethical insight on an earlier project and the concerns you raised at the recent company meeting, the CEO has tasked you with writing a report that examines the ethical implications of using these “dark pattern” techniques in retail advertising.