The State Strikes Back

As of March 15, the California Consumer Privacy Act bans companies from using “dark patterns,” or website designs that can confuse or trick users. The term itself was coined in 2010 by Harry Brignull, an expert in user experience, but now it will be introduced into the legislation.

Dark Patterns include a number of different tricks, like:

1. Trick Questions — the question is not what it appears to be at first sight;
2. Price Comparison Prevention — making it difficult for customer to compare prices and make an informed decision;
3. Privacy Zuckering — tricking users into publicly sharing more information about themselves than they really intended to;
4. Information in fine print — no explanation needed;
5. Hidden Costs — additional charges appearing at the checkout;
6. Disguised Ads hidden under other content;
7. Roach Motel — easy to subscribe and impossible to cancel;
8. Forced Continuity — silent charging of your card after the end of the trial period;
9. “Threats” to miss your chance and others (more of them here — https://www.darkpatterns.org/types-of-dark-pattern).

It sure is great when the state does not interfere in business and gives it the opportunity to develop and innovate. However, this also gives companies the opportunity to use dishonest yet legal methods to trick consumers.

Using Dark Patterns is basically a scam that is not regulated by law. Therefore, banning their use is a step towards a more civilized digital world, where consumers know what they agree to when checking the box.

The images show typical dark patterns:

• when trying to switch to Google Chrome, Bing aggressively offers to install Microsoft Edge;
• shaming users for choosing a monthly subscription instead of an annual one;
• counter-intuitive subscription price presentation.

P.S. Here’s a fun question: what do you think led to calling the dark pattern a Privacy Zuckering? ;)

Most pictures were posted on Twitter by angry users :D