Why are Dark Patterns so important, and how do unethical brands lurk behind them to snag consumers?

Copy of IMAGE-Genesys-Samee-Sankhe-MEDIABRIEF-1Dark Patterns are what the UI/UX deployed by some digital platforms could use to manipulate consumer choices and consumption patterns.

Let’s walk you through dark patterns, first, courtesy this note from the ASCI discussion paper released today:

Think of this – you are happily browsing a food ordering platform, looking forward to a yummy meal. You choose an option that costs Rs. 100. When you check out, you are presented with a bill for Rs. 250. There are taxes, delivery charges, tips etc,  all added in. When you made the purchase decision, you made it in the face of incomplete information about an important aspect, i.e. price.

What if there was initially an option for a similar meal at Rs. 150, that you did not choose, because it was 50% more expensive than your choice. But had you picked that, you might have been presented with a bill of only Rs. 200 in the end.

Did the app use a design feature to steer or manipulate you to choices that are profitable for the platform but not in your best interest?

Here’s another scenario – you are booking an airline ticket and you are informed “Only 2 seats left at this price”. This creates a sense of urgency to make an immediate decision, and in some cases, this may not be a true reflection of seat availability.

image dark Patterns image from ASCI's discussion paper - courtesy ASCI - MediaBrief
Courtesy ASCI’s discussion paper on Dark Patterns

So many of us have been presented with a pop-up banner asking us for our data, that we don’t want to click on, but we struggle to find the “reject” tab. The option to exit or reject is so obscurely placed that it makes it difficult for consumers to refuse the collection of their personal data if they wish to proceed.

These and several more are examples of dark patterns.

A dark pattern is a user interface that has been crafted to trick or manipulate users into making choices that are detrimental to their interests – such as buying a more expensive product, paying more than what was initially disclosed, sharing data or making choices based on false or paid-for reviews, and so on.

E-commerce companies spend millions of dollars in designing user interfaces and navigation paths that eventually lead to more business.

Every day, technology offers new ways of engaging with consumers. However, when these are done in a way that steers the consumer to choices that are prejudicial to their interest, a line is crossed.

User experience designer Harry Brignull coined the term ‘Dark Patterns’ in 2010 to describe such practices. (end of excerpt from ASCI’s discussion paper on Dark Patterns).

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Mediabrief.com is delighted that ASCI has not only launched its detailed discussion paper on Dark Patterns and the consumer harm they cause, ASCI has already outlined four key practices it intends to address through expanding the ASCI code: namely Drip pricing, Bait and Switch, False Urgency and Disguised advertising.

As ASCI says, ‘Not all dark patterns fall under the domain of advertising and hence may be out of ASCI’s remit; however, they could amount to unfair trade practices which compromise consumer interest. ASCI hopes that in the near future, such dark patterns will be addressed by the regulators as they see appropriate in the interest of consumer protection.’

And so, ASCI has invited comments from all stakeholders and the members of the public on this proposed expansion of the ASCI code.

This is a need of the hour, so as a responsible professional and consumer who works hard for the money, don’t miss the opportunity to help support ASCI’s efforts to empower the consumers and the marketplace with the best of ethical practices.