Topic for May. 2. ( Tue )

[Alex !]

Dark Commercial Patterns 

There is mounting concern that dark commercial patterns may cause substantial consumer detriment. These practices are commonly found in online user interfaces and steer, deceive, coerce, or manipulate consumers into making choices that often are not in their best interests.

In today’s digital world, there is a growing fear that unethical business practices in online environments, such as the use of dark patterns, could cause significant harm to consumers. Dark patterns are ordinarily employed in online user interfaces and lead, trick, pressure, or otherwise influence customers into making decisions that are frequently not in their best interests.

The phrase "dark (commercial) patterns" describes a wide range of methods frequently used in online user interfaces to influence customers to make decisions that may not be in their best interests, notably by capitalizing on their prejudices. According to the OECD, numerous e-commerce websites, apps, browsers, online games, and cookie consent messages exhibit dark patterns.

Even though the phrase ‘dark patterns’ is relatively new, many of the practices it refers to have long been used by corporations and marketers. Such practices have been the subject of scrutiny by behavioral scientists and legal experts, and have been made punishable by law in many jurisdictions.

Typically, dark patterns aim to manipulate customers to part with more money, personal information, or attention time than they would like. Therefore, dark patterns are intrinsically linked to business models even if user interface designers do not have any malicious intent. Dark patterns may involve the use of artificial intelligence technologies to exploit consumers' biases in a business’ favor.

To ease discussions among regulators and decision-makers across jurisdictions, the OECD Committee on Consumer Policy offers a working definition of dark patterns, which is reproduced below.

“Dark commercial patterns are business practices employing elements of digital choice architecture, particularly in online user interfaces, that subvert or impair consumer autonomy, decision-making or choice. They often deceive, coerce or manipulate consumers and are likely to cause direct or indirect consumer detriment in various ways, though it may be difficult or impossible to measure such detriment in many instances.”

Dark patterns vary across a range of dimensions and come in different forms and designs. They may employ different design-based elements (e.g., use of single or multiple screens; pop-up dialogue boxes or embedded text; variations in coloring and prominence of options, etc.) and text-based elements (e.g., use of emotive or aggressive language).

Taking Things into Your Own Hands

If you still find Dark Patterns, you can do one of two things.

1. Shame them

You can take a screenshot of the Dark Pattern and tweet it to #darkpatterns or retweet #darkpatterns you see. This may influence companies and lead them to change their design.

Maybe you’re thinking what can one person do? Can this really make a difference?

Yes, it can. Remember, the Ryanair insurance example I mentioned before. I guess Ryanair has been under massive scrutiny and they eventually removed that Dark Pattern.

I did a test on their website to double check. Now, it’s very clearly laid out. They give you the option to buy insurance or not.

2. Report them

The Dark Pattern Tip Line is there for that purpose. On the “Harms” page, you can submit a case. They set seven categories for you to choose from. You also have the “Sightings” page. There, you’ll see cases that happened with users like you.

Dark Patterns are tricky, but you can win. We’ve seen how much thought designers put into creating these patterns to trick you. Websites and apps can use these widespread types interchangeably or all together to maximize benefit.

Unfortunately, websites and designers often succeed in using Dark Patterns to siphon off your loose change.

Who are they? No one.

Knowledge is power. I suggest educating yourself on the different types of Dark Patterns to gain better control over your browsing experience.

Then, go ahead – shame and report these cyberthieves!