Click Here, or Else!: The rise of dark patterns and the fight against online manipulation

25 October 2024, Mumbai

Deceptive design tactics, known as ‘dark patterns’, are increasingly being used by online platforms to manipulate users into actions they may not otherwise take. These tactics, ranging from hidden subscription fees to confusing cancellation processes, are designed to exploit cognitive biases and nudge users towards choices that benefit the platform, often at the user's expense. And the fashion and apparel industry, with its fast-paced trends and impulse-driven purchases, is particularly susceptible to these manipulative techniques.

The cost of deception

A recent study by the Advertising Standards Council of India (ASCI) found 52 out of 53 top apps in India used dark patterns. Globally, the problem is equally pervasive. A 2023 report from the Norwegian Consumer Council revealed that 97 per cent of the 100 most popular online stores in the EU employed at least one dark pattern. These practices can lead to significant financial losses for consumers, with estimates suggesting that dark patterns cost Americans $34 billion annually.

Fashion’s vulnerability

The fashion and apparel sector is particularly susceptible to dark patterns. The industry thrives on impulse purchases and fleeting trends, making it perfect for exploitation through manipulative design. Here are some ways how it’s possible:

False urgency: Many fashion websites use countdown timers and ‘low stock’ warnings to create a false sense of urgency, pressuring shoppers into making quick decisions. Pop ups like ‘Only 2 left in your size!’ or ‘Flash sale ends in 5 minutes!’ are tactics to create a sense of scarcity and pressure shoppers into making hasty decisions, often leading to purchases they later regret. A study by Which? Found 50 per cent of fashion websites used urgency tactics.

Social proof manipulation: Displaying fake customer reviews or inflated ‘likes’ to create the illusion of popularity and desirability. ASCI found several fashion apps in India were using fake testimonials.

Subscription traps: Luring customers with ‘free trials’ that automatically convert into paid subscriptions without clear reminders or easy cancellation options.

Sneak into basket: Adding accessories, ‘recommended’ items, or extended warranties to a user's shopping cart without their explicit consent. This is particularly prevalent in fashion retail, where complementary products are often suggested.

Visual deception: Using misleading product images or size charts to misrepresent the appearance or fit of clothing items.

Here are some examples of how dark patterns are at work while you shop online. For example, a popular online retailer displays a notification saying ‘three other people are viewing this item’ even when the user is the only one on the page. Another smart trap is, a fashion brand offering a ‘free shipping’ banner that disappears at the checkout, revealing hidden shipping costs. And then there are luxury fashion website that use a countdown timer for a ‘limited-time sale’ that resets every time the user refreshes the page.

Regulatory action and countermeasures

Governments and regulatory bodies worldwide are beginning to crack down on dark patterns. In India, the Department of Consumer Affairs has released guidelines identifying 13 deceptive patterns that constitute misleading advertisements, unfair trade practices, or violations of consumer rights. Similarly in the EU's General Data Protection Regulation (GDPR) and the proposed Digital Services Act (DSA) aim to protect consumers from manipulative online practices. In the US the Federal Trade Commission (FTC) has taken action against companies employing dark patterns, issuing warnings and imposing fines. California recently passed the California Privacy Rights Act (CPRA), which includes provisions against "manipulative design."

Besides regulations awareness campaigns are being launched. Organizations like the Electronic Frontier Foundation (EFF) and the Norwegian Consumer Council are raising awareness about dark patterns and advocating for stronger consumer protections. Researchers and designers are developing ethical design frameworks to guide the creation of user interfaces that prioritize transparency and user autonomy. And tools and browser extensions are being developed to detect and block dark patterns, empowering users to make informed choices online.

The fight against dark patterns is crucial for ensuring a fair and transparent online environment, especially in sectors like fashion where consumers are particularly vulnerable. By raising awareness, promoting ethical design practices, and implementing robust regulations, we can protect consumers from manipulation and foster a more trustworthy digital world.

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