Does shopping online sometimes feel a bit creepy? You could be right. There can be multiple different “dark patterns” at play, European Commission research has found. These techniques are extracting more money, data and attention from us than we might realise.
“Confirmshaming”, “roach motel”, “bait and switch” – these are just some of the ugly online sales tactics to make you nostalgic for the high street. At least there, no one sneaks things into your basket or raises the price of pants the more times you look at them.
There are many ways we can be manipulated online, the Commission’s Digital Fairness Check research found. Increased tracking of our online behaviour means we can be more effectively persuaded. It’s no wonder we don’t always feel in control when shopping online.
Presenting choices in a non-neutral manner, using fake countdown timers to create urgency, emotional manipulation to make you second-guess your choice, phrasing questions using double negatives and misleading consent options in cookie banners are all tricks that can exploit our vulnerabilities and nudge us towards unintended purchases, unwanted subscriptions or sharing personal data, the research found.
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Dark patterns are getting worse, the Commission says. Their 2022 study showed that 97 per cent of the most popular websites and apps used by EU consumers deployed at least one dark pattern.
Ireland’s Michael McGrath, the EU commissioner responsible for consumer protection, was instructed by Commission president Ursula von der Leyen last year to develop a Digital Fairness Act to protect us.
Progress on that legislation is expected by the middle of next year. In the meantime, protect yourself by watching out for these “top 10″ creepy online sales tactics.
1. Sneak into basket
If you’re booking a flight or ordering a takeaway, watch out for the “sneak into basket” manoeuvre – when extra items are added to your shopping cart without your consent.
Buying a laptop? Watch for the preselected extended warranty which will increase the total price. You will need to manually opt-out to avoid the extra purchase. This is the equivalent of an in-store shoe sales person adding suede protector to your bag at the till without telling you, and charging you for it. Be vigilant.
2. Confirmshaming
This is as nasty as it sounds. It’s the sneaky tactic of using guilt or emotional manipulation to persuade us to do something. For example, when asked if you’d like to subscribe to the company’s newsletter, the options given might be “Sign me up!” or “No, I hate learning new things”. Wording that tries to guilt-trip you into a “Yes” is a definite dark pattern.
3. Forced continuity
Have you ever provided your credit card details to sign up to a seven-day free trial of a streaming service only to find cancelling is made difficult? Or perhaps you’ve been automatically charged once the trial ends, without any clear reminders. This pattern locks you into ongoing payments without your express agreement. You only realise you’ve been charged when you check your bank statement.
It’s the equivalent of going on a blind date, but finding out they’re married.
4. Roach motel
A website design that makes subscribing effortless but ensures that cancelling involves hidden processes is using the “roach motel” design. If it’s impossible to find the cancel button, settings are hidden or there is no easy way to opt-out, this is probably on purpose.
After the €1 trial, you are billed the full monthly subscription price without an easy way to cancel. With the roach motel manoeuvre, you can sign up any time you like, but you can never leave.
5. Hidden costs
So you’ve scoured the internet and found what looks like a great price for a particular brand of sports shoe. Things go a bit haywire at checkout however. Additional fees and charges appear, like taxes, shipping fees and surcharges that were not disclosed up front.
The hidden costs have misled you on the true cost of the shoes, and totally wasted your time. Enough shoppers are so time-poor, or frustrated from searching, that they just give in and pay.
6. Unknowingly granting permissions
Some online transactions can feel like an information shake down. All you wanted was a hoodie, but the checkout demanded your email address, phone number and even your date of birth to complete the sale.
This dark pattern requires us to share more personal information than necessary. It often involves unclear privacy settings or opt-outs that are hard to find. Shoppers are unwittingly okay-ing data collection. Yikes.
7. Trick questions
The “trick question” technique is where an online seller uses confusing wording or misleading options to trick us into decisions. A check-box might be worded with a double negative, for example, making it unclear whether checking or unchecking it opts in or out of something.
Book a flight and you’ll be confounded by options like: “No, I don’t want random seat selection”, or “No, I want to pay for travel insurance”. If this dark pattern catches half of us out, there is money to be made.
8. Bait and switch
A website advertises a high-end laptop for €799 (normal price €1,199). You click to buy it but at the checkout the discount disappears and the price returns to €1,199. The deal expired, the company claims – even though it is still being advertised. This is what the dark pattern of “bait and switch” looks like. They’re working on the remise that having already invested emotionally in the decision to buy the article, you’ll go through with it regardless.
9. Dynamic pricing
Some companies use dynamic pricing algorithms where the cost of a subscription can vary by customer. For example, you frequently read an online publication. The website tracks how frequently you are reading. When you finally decide to subscribe, you are offered a €15/month plan.
Another new visitor sees a €9/month offer for the same subscription. The pricing algorithm detects interest, charging loyal readers more.
10. Decision fatigue
By bombarding us with overly complex choices, some online retailers know many of us will just click “accept”. Say you want to opt out of data tracking. Instead of a simple “accept all” or “reject all” button, you must disable 30 different options like analytics, personalisation, advertising and third-party cookies manually.
Frustrated, you give up, click “accept all” and get on with your life.
Dark patterns like all of these can make shopping online feel like you’re being mugged. Until a new Digital Fairness Act can shed light, shoppers need to be wary – or reconsider the high street.
You can contact us at OnTheMoney@irishtimes.com with personal finance questions you would like to see us address. If you missed last week’s newsletter, you can read it here.
