How customers fall prey to dark patterns

By Srividya Kannan

The government has directed e-commerce platforms to eliminate manipulative dark patterns in their interface designs. Insufficient technical expertise in regulatory bodies & challenges in cross-border enforcement, however, make it diffcult to curb these sneaky tactics, writes Srividya Kannan

What are dark patterns?

Dark patterns are user interface (UI) designs created to intentionally mislead or manipulate customers into actions they might not want to take. These actions could range from subscribing to a service they didn’t intend to, spending more money than planned, or giving up personal information unknowingly. Dark patterns exploit users’ psychology and cognitive biases. They often take advantage of confusing layouts, deceptive language, or subtle design tricks to guide users toward a specific decision. It’s a sneaky abuse of technology and design.

Examples of dark patterns include:

• Hidden costs: Adding unexpected fees at checkout without clear display upfront.
  
• Misdirection: Buttons that look like they’ll cancel an action but confirm it .
  
• Forced continuity: Making it hard to cancel a subscription or stop a trial.
  
• Privacy Zuckering (named after Mark Zuckerberg): Tricking people into sharing more data than they’d like.
  
• Confirmshaming: Using guilt-tripping language to influence decisions. For example, a pop-up that says, “No, I don’t want to save money!” when declining an offer.

Dark patterns aren’t just annoying; they erode trust between users and brands.

Do these practices benefit retailers?

Dark patterns are especially prominent in e-commerce platforms and digital retail environments.

Take retail solutions, like one-click checkouts or cart nudging algorithms. These tools were initially designed for customer convenience, but they’ve often been manipulated into traps. For example:

• Countdown timers are used to create false urgency, tricking users into thinking they’ll miss out on a deal if they don’t act quickly.
  
• “Low in stock” alerts, even when inventory levels are stable, to pressure buyers into completing purchases.
  
• Bait-and-switch tactics, where promotions promise discounts but enforce terms that make the savings negligible.

These tactics, though profitable in the short term, can hurt a brand’s reputation. Technology companies must proactively develop ethical design standards, recognising that reputational damage from dark patterns far outweighs temporary engagement gains.

How UI/UX enables this enables this

Dark patterns are the result of deliberate decisions in UI/UX design and technology implementation.

1. Data collection and behaviour tracking: Cookies and heatmaps track how users interact with platforms. For example:

• If data indicates that a user is hesitant to sign up for a newsletter, a pop-up that uses aggressive language or a well-timed “special offer” may appear to nudge them toward signing up.
  
• Retailers can track your mouse movements and clicks to identify hesitation points, then design prompts to exploit those moments.

2. Algorithmic personalisation: Personalised recommendations are often regarded as helpful, but algorithms can also be used to amplify dark patterns:

• Suggesting higher-priced items as “recommended” options.
  
• Dynamically adjusting prices (sometimes called “price steering”) based on how much the system thinks a user is willing to pay.
  
• Reordering search results to prioritise profit-generating products rather than the best ones for the customer.

3. A/B testing for manipulation: A/B testing is a common practice in the tech industry, where companies test multiple versions of a design to determine which one performs better. This process can sometimes be used to test and refine dark patterns:

• “Which button label causes the fewest cancellations?”
  
• “Which pop-up design results in more users giving us their data?”

The goal can shift from improving user experience to maximising conversions at the expense of transparency.

4. UI/UX design tricks

UI/UX designers play a critical role in how users interact with platforms. Dark patterns often originate from design decisions made under pressure to improve metrics such as user retention or sales.

• Obscured Options: Making the “unsubscribe” or “cancel” buttons tiny or hard to find while making the “confirm” button prominent.
  
• Visual priority: Using bold colors for actions that benefit the company and dull, inconspicuous designs for those benefiting the user.
  
• Endless loops: Creating loops where users are forced to click through multiple menus, discouraging them from completing actions like deleting an account.

Gaps in the regulatory norms

India’s regulatory framework addresses dark patterns through multiple interconnected laws. The Consumer Protection Act, 2019 provides the Central Consumer Protection Authority (CCPA) the power to issue guidelines and impose penalties up to ₹50 lakh with potential imprisonment for repeat offenders. The Information Technology Act, 2000 covers certain aspects of deceptive online practices, though it’s primarily focused on cybersecurity rather than consumer manipulation. The Digital Personal Data Protection Act, 2023 requires free, specific, informed consent for data processing, directly countering dark patterns that trick user consent.

However, current guidelines face significant challenges. Imprecise drafting and contradictions create interpretation disputes and enforcement difficulties. Critical gaps include limited penalty structures for dark pattern violations, lack of real-time monitoring mechanisms, insufficient technical expertise in regulatory bodies, and challenges in cross-border enforcement for foreign platforms.

The framework needs strengthening through clearer definitions, enhanced technical auditing capabilities, and faster enforcement mechanisms. Regular updates are essential as technology evolves faster than legislation can adapt.

What e-tailers and designers can do

Dark patterns fundamentally undermine trust in technology adoption. They represent short-term thinking that ultimately damages the entire digital ecosystem. Here’s how companies can avoid dark patterns and create positive user experiences:

• Transparency: Communicate the actions users are taking and the reasons behind them. Display prices, subscription terms, and privacy policies without hiding details.
  
• User-friendly interfaces: Make sure all options (like unsubscribe or opt-out buttons) are equally accessible and visible.
  
• Ethical A/B testing: Test designs should improve user satisfaction rather than exploit vulnerabilities. Regulation compliance: Stay up-to-date on compliance with regulations to prevent potential legal issues.

Engineering and UX curricula should include mandatory ethics training, as many dark patterns emerge from optimisation metrics that prioritise engagement over user welfare. India should align with international efforts including the EU’s Digital Services Act and California’s CCPA amendments to create consistent global standards. Additionally, consumers can develop digital literacy and defensive strategies to protect themselves.

The writer is founder and CEO of Avaali Solutions.

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