Federal government cracking down on dark patterns online
AUSTIN, Texas - From subscription services that are nearly impossible to cancel, to hidden charges when you’re shopping online, companies these days are using some pretty dirty tricks to get even more of your money.
These tactics are called "dark patterns," and they’re as shady as they sound. But now, the federal government is taking some steps to crack down on them.
Many of us have signed up for a streaming service, a cell phone plan, maybe a gym membership, and found it was way easier to sign up than back out.
"They make it really difficult either to figure out how to cancel or you have long wait times, or it just takes twice as long to cancel as it did to sign up," said Stephanie Liebner, financial practices attorney with the Federal Trade Commission.
It was that kind of convoluted cancelation process at phone provider Vonage that led to a $100 million settlement with the Federal Trade Commission. But that’s not the only tricky tactic that the feds are cracking down on.
"Dark patterns trick or manipulate users into making choices they would not otherwise have made, buying things they don't want, or giving up personal information that they would rather keep private," said Liebner.
Another major dark pattern has to do with being charged for things you didn’t even realize you bought. The video game Fortnite was recently on the hook for a quarter million dollars because of just that.
"The purchase process for items within that game was so confusing and counterintuitive that it led to millions of unwanted charges," said Liebner.
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 you have to scroll way down to see
- Items getting snuck into your online cart
- Pre-checked boxes that opt you in to an extra purchase
"Where you're buying something, and you accidentally buy something else because there was a box that was checked that you didn't expect," said Liebner.
Liebner says companies big and small employ dark patterns, and a recent sweep by several agencies dug up a really dark statistic.
"76%of the websites they examined were potentially using some form of dark pattern, which is obviously really high," said Liebner.
To protect yourself, you should look at outside reviews when you’re making a purchase, double-check your cart before you check out, and look closely at the total for any added fees.
"Those are signs of dark patterns that you might want to take your business elsewhere," said Liebner.
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The good news? The Federal Trade Commission and the White House are finalizing a new rule called "Click to Cancel." The change would require companies to let customers cancel subscriptions with the click of a mouse, and let you talk to a human on the phone by pressing a single button.
The FTC is hoping companies will start doing the right thing, to avoid costly consequences.
"To not trick consumers in the first place, to not even be trying to get as close to the line as possible," said Liebner.
If you get charged for something you didn’t intend to buy, contact the company and try to get a refund. If that doesn’t work, you should dispute it with your bank or credit card company.
You can report dark patterns online to the FTC at reportfraud.ftc.gov.