FTS takes action against dark patterns on the Internet
The federal government is taking some steps to crack down on subscription service tactics. 7 On Your Side reporter John Krinjak has the details.
AUSTIN, Texas – From subscription services that are difficult to cancel to hidden fees when shopping online, companies these days are resorting to some pretty dirty tricks to get even more of your money.
These tactics are called “dark patterns” and are as shady as they sound. But now the federal government is taking steps to crack down on them.
Many of us have subscribed to a streaming service, a cell phone plan, or perhaps a gym membership and found that signing up was much easier than unsubscribe.
“They make it really difficult to either figure out how to cancel, or you have long wait times, or it just takes twice as long to cancel as it does to sign up,” says Stephanie Liebner, a financial practices attorney at the Federal Trade Commission.
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It was this complicated termination process at phone provider Vonage that led to a $100 million settlement with the Federal Trade Commission. But that’s not the only underhanded tactic the government is now cracking down on.
“Dark patterns deceive or manipulate users, causing them to make decisions they otherwise would not have made, buy things they don’t want, or reveal personal information they would rather keep to themselves,” Liebner said.
Another major dark pattern is that you get charged for things you didn’t even know you bought. The video game Fortnite recently had to pay a quarter of a million dollars for this exact reason.
“The process for purchasing items in this game was so confusing and counterintuitive that it resulted in millions of unwanted charges,” Liebner said.
Other types of dark patterns commonly used on websites include:
- Drop-down menus that hide information
- Confusingly worded questions
- Hidden fees or terms of service that require you to scroll far down to see
- Items that sneak into your online shopping cart
- Pre-checked boxes that entitle you to an additional purchase
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“When you buy something and accidentally buy something else because a box was checked that you didn’t expect,” Liebner said.
According to Liebner, companies large and small use dark patterns, and a recent multi-agency investigation revealed some truly grim statistics.
“Seventy-six percent of the websites they examined may have used some form of dark pattern, which is obviously a very high number,” Liebner said.
To protect yourself, be sure to check third-party reviews when making a purchase, double-check your cart before paying, and carefully review the total for any additional fees.
“These are signs of dark patterns that suggest you should move your business elsewhere,” Liebner said.
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The good news? The Federal Trade Commission and the White House are currently working on a new rule called “Click to Cancel.” The change would require companies to let their customers cancel subscriptions with a click of a mouse and let them speak to a human on the phone with the push of a button.
The FTC hopes that companies will now begin to do the right thing to avoid costly consequences.
“It’s about not deceiving the consumer in the first place and not even trying to get as close to the limit as possible,” said Liebner.
If you are charged for something you did not intend to purchase, contact the company and try to get a refund. If that doesn’t work, you should dispute the case with your bank or credit card company.
You can report dark patterns to the FTC online at reportfraud.ftc.gov.
