If Only You Knew the Power of the Dark Pattern: The Dark Side of Deceptive Design
User interface (UI) design is the primary driver of the way we interact with websites and other technology, sometimes in ways we don’t even realize. While design can and should make life easier, it can be created in a way to exploit behavior, nudging or even pushing us toward actions we might not want or intend. These manipulative designs, known as “dark patterns” or “deceptive design patterns” have increasingly become more recognized and are causing growing concern. Recognizing the harm they can cause, California, the EU, and other regions have introduced legislation to regulate them, working to set a precedent for ethical design practices by business entities.
Read on to find out why dark patterns are problematic, how you can protect yourself from falling for them, and how businesses can avoid using them, intentionally or unintentionally.
The Basics
The term “dark pattern” was coined by UX designer Harry Brignull in 2010 with the establishment of his website darkpatterns.org. “Dark patterns” refer to design choices in apps, websites, and other digital areas that manipulate users into making decisions they wouldn’t ordinarily make. They prioritize profit and data collection over the user’s best interests, which violates many of the basic tenets of user experience (UX) design.
Say you’ve signed up for a free trial, only to find out that it’s nearly impossible to cancel before being charged for a monthly subscription. Or that you’ve added an item to your online cart and then discover outrageous hidden fees during the checkout process. These are classic examples of dark patterns, and they’re disturbingly common. You might also find pre-checked boxes that opt you into subscriptions, misleading buttons that do something other than they appear to, and guilt-trip statements on buttons like, “No thanks, I hate saving money” when you want to decline an offer.
This can leave a user feeling frustrated, deceived, and trapped. In some cases, dark patterns can end up leading to real financial and privacy problems.
The Rebellion Against Dark Patterns
As dark patterns have become more and more ubiquitous and public outcry has increased, regulations have started to be enacted In the United States, California has been at the forefront of this movement. The “California Privacy Rights Act (CPRA)” took effect in 2021 and enhanced the provisions of the earlier California Consumer Privacy Act (CCPA). Among its provisions, the CPRA explicitly prohibits the use of dark patterns to obtain user consent for data collection and sharing.
The rules of the CPRA are really quite simple: a user’s consent must be clear, informed, and freely given. If a user is tricked or coerced into consent, then the consent isn’t valid. This move places California alongside global efforts like the EU’s General Data Protection Regulation (GDPR), which also emphasizes transparency and user autonomy.
Why is this regulation important enough to drag large and global economies into efforts to combat it? These deceptive design patterns largely exploit vulnerable populations, such as children, the elderly, or those less familiar with technology. By forbidding and outlawing dark patterns, these entities are paving the way for a more ethical digital world.
Shielding Yourself From Dark Patterns
Even with these regulations and laws in place, dark patterns haven’t disappeared. They’re still being used, and it’s important to know how to spot and avoid them.
One of the best ways to protect yourself is to slow down and read carefully before making decisions online. Take a moment to skim the fine print, especially when signing up for services or agreeing to terms and conditions. Be wary of pop-ups or prompts that push you to act quickly, as urgency is often a manipulation tactic.
Also be wary of anything that seems unnecessarily difficult, like canceling a subscription or changing privacy settings. If it feels convoluted or confusing, the design may be intentionally obstructing you. Keeping an eye on your bank statements and subscriptions can help catch any illicit charges early.
Technology can also help. Browser extensions on Chrome, Safari and others that are designed to block ads or improve privacy can sometimes flag deceptive design, making it easier to navigate the web without being tricked by dark patterns.
Let the Ethical Design Practices Flow Through You
It’s also important for businesses and designers to avoid creating dark patterns, not to just stay within regulations or legal parameters. Avoiding deceptive design fosters trust and long-term relationships with users. No one likes being tricked, and if your business gets the reputation for being shady there can be lasting damage.
The best tool for this is education. Teams should familiarize themselves with various types of dark patterns and understand how they impact users and businesses. Sometimes these practices aren’t malicious but result from a lack of awareness or a focus on short-term gains rather than being concerned about user experience.
Usability testing is another measure. Watching real users actually interact with your designs can reveal places where they feel confused or misled. If people struggle with a particular feature or flow, it’s worth revisiting the design not to just ensure clarity and usability, but also fairness.
Transparency is also of utmost importance. Be upfront about cost, terms, and conditions. Avoid putting critical information behind hidden links, minimized lawyer talk and industry jargon. Use plain language and make important details easy to access so your customers understand exactly what they’re getting.
It’s also essential to stay informed about growing and evolving regulations. The CPRA, GDPR and other laws set clear standards, and compliance to them needs to be a priority to your business. Legal experts or expert consultants can provide valuable guidance as you try to understand and navigate these regulations.
Finally, adopt a user-centered mindset! Focusing on creating value for your users rather than exploiting them builds trust, loyalty and authority, which is far more sustainable than short-term gains you might achieve by deceptive design.
May the Ethical Force Be With You
Dark patterns do not belong in a fair and transparent digital marketplace. Laws like California’s CPRA are a large step in the right direction, but true progress in defeating these patterns will only come when businesses and designers work together to prioritize ethical practices over immediate profit or data collection.
As a consumer, staying vigilant and informed is your best defense. As a business, committing to ethical design isn’t just the right thing to do, it’s the only thing that can lead to lasting success. Wild Iris Marketing is here to help you create a digital presence where trust and integrity are your calling card, not dark patterns and consumer distrust.
Reach out to Wild Iris to schedule a consultation so that we can help make sure you not only follow dark pattern laws and regulations, but that you build a fair and honest relationship with your customers.