WASHINGTON, D.C. — The Federal Trade Commission (FTC) and two international consumer protection networks have unveiled concerning findings from a global review of websites and mobile apps. The study shows that many online platforms use “dark patterns,” manipulative digital design techniques that can coerce consumers into making purchases or surrendering their privacy.
What Are Dark Patterns?
Dark patterns are subtle design tricks used in websites and apps to nudge users into actions they might not otherwise take. These tactics can range from hiding important information to preselecting options that benefit the business rather than the consumer.
The International Consumer Protection and Enforcement Network’s (ICPEN) annual review examined 642 websites and mobile apps offering subscription services. Conducted from January 29 to February 2, 2024, the review involved officials from 27 authorities across 26 countries. Nearly 76% of the sites and apps reviewed employed at least one dark pattern, with almost 67% using multiple such tactics.
Types of Dark Patterns Identified
The review identified several types of dark patterns:
- Sneaking Practices: These involve hiding or delaying crucial information that could influence a consumer’s purchasing decision.
- Interface Interference: Techniques such as obscuring key details or preselecting options that steer consumers toward decisions favorable to the business.
These practices make it harder for consumers to make informed choices, often leading them to spend more money or share more personal information than they intended.
Privacy Concerns
The ICPEN coordinated its review with the Global Privacy Enforcement Network (GPEN), which includes over 80 privacy enforcement authorities. GPEN focused on how design patterns might encourage users to divulge more personal information than they planned. Their findings mirrored those of the ICPEN review, revealing that most of the examined websites and apps used at least one potential dark pattern affecting privacy.
Uncovering Dark Patterns
While the reviews did not conclude whether these dark patterns violated any laws, they highlight significant concerns. Manipulative design techniques can impact not just consumer spending but also their privacy choices. This raises ethical questions about the transparency and fairness of these business practices.
Moving Forward
These findings call for increased vigilance among consumers when navigating online platforms. Awareness of dark patterns can help individuals make more informed decisions and protect their personal information. Meanwhile, regulators may consider stricter measures to ensure that businesses prioritize user welfare over manipulative gains.
The collaboration between the FTC, ICPEN, and GPEN highlights the global nature of these issues and the need for international cooperation in tackling them. As digital landscapes evolve, so too must the strategies to safeguard consumer rights.
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