Dark Patterns

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
"Wassat?! šŸ˜²" you demand. That's what I said when I came across it the other day in an article. However, it's actually a group of negative behaviours from companies that we're all familiar with, I'd just never seen an overall definition of it.

Here's how Wikipedia defines it:

A dark pattern (also known as an anti-pattern or ā€œDeceptive Designā€) is "a user interface that has been carefully crafted to trick users into doing things, such as buying overpriced insurance with their purchase or signing up for recurring bills".[1][2][3] User experience designer Harry Brignull coined the neologism on 28 July 2010 with the registration of deceptive.design, a "pattern library with the specific goal of naming and shaming deceptive user interfaces".[4][5][6] More broadly, dark patterns supplant "user value...in favor of shareholder value".[7]

It actually extends to more than that. The very common example we've all experienced is just how easy it is to buy something from a bricks and mortar shop. In under a minute that item can be yours and your bank account emptied. Now try returning for a refund. Not so straightforward is it?

In England, if there's nothing wrong with it, the shop is under no legal obligation to refund you and many operate like this (not so with online purchases where one has much greater rights and hence my preference). Where you are entitled to that refund, eg the item is faulty, then one has to go to the "customer service" desk and this is where the fun starts.

It's usually got restricted hours, is understaffed with a long queue and the person there might try to get out of giving that refund, making the whole experience hassly and unpleasant. That's great for them, as it puts the customer off from asserting their rights.

I can see all my readers nodding in my agreement at this, having experienced some version of this themselves. I've got a nice story on how I beat one store at its own game.

Around 20 years ago, against my better judgement, I bought a JVC VHS VCR (remember those?!) from a well known retailer with a reputation for crap customer service who shall remain anonymous. This was a bricks and mortar store, not online.

Despite JVC being the inventors of VHS, this VCR was clearly built down to a price. It was very light with flimsy build quality and had poor picture performance from the get-go, but it did the job, so I reluctantly put up with it. However, after just three days, once warmed up after around 15 minutes, it started to emit the most godawful loud mechanical whine when playing a cassette. It was a continuous, but wandering, tone at around 1-2KHz that really got under my skin, impossible to ignore. This was a fault, not just a performance issue, most likely caused by poor design rather than just a dodgy part, so a replacement likely wouldn't help, hence I just wanted a refund, no messing, which was my right.

However, I knew the fun and games that would ensue if I tried to explain this to the store and that they would try to get out of refunding me the money since it worked fine for a while and that place was air conditioned like a fridge, so the fault was less likely to show up and be less obvious if it did, especially with the background noise of an electronics store. I therefore made sure that they couldn't argue: I removed the top cover, deliberately popped the internal fuse, put it back and closed it up again. Note that the unit didn't have any anti-tamper seals on it - very important. This ensured that it didn't power up, it was dead.

I duly showed up at the shop the next day, shortly before closing time no less and showed it to the manager who was doing the customer service then and politely asked for a refund for this dead VCR. He saw it was dead, tried every which way to make it work, all the while interrogating me (seriously, not just normal questions) and kept looking at me really suspiciously like I was some sort of criminal. I just stood there with my best innocent face on and responded minimally to avoid giving him any ammunition.

After 10 minutes or so of this charade, I started pressing him for that refund, saying that I had somewhere else to go. He eventually relented with a great sigh and gave me my refund. He never stopped looking at me suspiciously, though. After that shambolic treatment, I never bought anything from that store again and made only one or two small purchases from other branches since then.

That was a great example of a dark pattern, although the term had probably not been defined then.

It's great to see that overall customer service from shops has improved greatly over the last 20 years, likely including this store chain. Maybe. Bricks and mortar stores have got the superior online experience to compete with after all.


Have a read of this Wikipedia article about dark patterns. It gives lots of examples which you'll likely be familiar with and is pretty interesting. It's written from an American perspective and it's great to see the Federal Trade Commission pushing back significantly against these sharp practices.

 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
Hereā€™s an interesting CNN article about this.

 

Arantor

Well-known member
Joined
24 May 2022
Messages
968 (1.43/day)
I've certainly had to talk people down from implementing dark patterns over the years over the ethics of it. But profit is the ultimate goal and too alluring for many.
 

Tiffany

Web Diva
Staff Member
Joined
13 Apr 2022
Messages
2,060 (2.88/day)
I feel certain I've been manipulated by online dark patterns to buy stuff. It helps to stay off of big websites with a lot of manipulative advertising blinking at you too, like FB.
 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
Oh, we all have Tiffs and is literally impossible to avoid.

That story I told in my OP here is a great example of what I had to go through to avoid getting shafted by this store's dark pattern. It was tremendously satisfying to beat the system though and I walked out with a big grin on my face. šŸ˜‰
 

Tiffany

Web Diva
Staff Member
Joined
13 Apr 2022
Messages
2,060 (2.88/day)
Oh, we all have Tiffs and is literally impossible to avoid.

That story I told in my OP here is a great example of what I had to go through to avoid getting shafted by this store's dark pattern. It was tremendously satisfying to beat the system though. šŸ˜‰

Love beating the system!! It's a shame you had to work so hard to get there though! I would have boycotted that store too! Lately, I've boycotted several companies, some just because I'd rather them just stay neutral and out of politics. šŸ˜¶ā€šŸŒ«ļø
 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
I recently had a dark pattern chucked at me by Amazon UK of all retailers.

I bought a very expensive 4K 144Hz monitor costing Ā£800. I was curious about its capabilities so wanted to try and see if it was something special, or else return it. Returning stuff can be quite a hassle, especially something heavy and bulky like this, so the Free Returns offer on this made the difference (no label to print and courier collection from home).

After receiving the monitor, I checked that the Free Returns option was indeed available.

Three weeks later, after evaluating the monitor, I decided that while indeed excellent, it wasn't worth the price as I already had a very capable Asus monitor in the same league which actually did a couple of important things better.

I started the return process, but you guessed it, the Free Returns option was gone! I was royally pissed.

In the end, I had to call Amazon (see how easy it is to actually make that call) and get a manual return collection done, with no label.

The courier collected it next day, but then the monitor got stuck in transit. This matters as I'd only get the refund after they'd received it. I then had to make a second call, which they then put through that refund, no problem. The monitor did eventually reach its destination about a week later.

So, this was a low hassle return my ass. I reckon it wasn't a "system glitch" to remove Free Returns after a certain time like the Amazon rep said, but a calculated way to put customers off returning stuff.

The monitor:
 

Tiffany

Web Diva
Staff Member
Joined
13 Apr 2022
Messages
2,060 (2.88/day)
What a very frustrating edge-on-your-seat experience. I'm glad it worked out in the end though. Total hassle.
 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
Thanks Tiffs. Yeah, Amazon are fantastic in some important ways, but just as crappy as every other retailer in other ways. When it comes to contacting them, I'd say that they're probably one of the worst, in fact. What a pita.

Oh and terrible to work for...
 

TheURL

Well-known member
Joined
5 Jul 2021
Messages
143 (0.14/day)
In deference to Amazon who used to need a convincing reason to refund you, they usually do now refund you unreservedly - if only because doing so rendered the approvers redundant, and to make a sale more likely if you knew you could easily return it. Think Asos! And they also knew x% of returners would never get around to it so they could keep the money. People, like Windows, are reliably unreliable. Now maybe slightly off topic I've just cancelled a holiday and they've agreed to a full refund, but absolutely nowhere in the universe can I find where it stipulates WHEN a refund should be issued. The Citizens Advice Bureau (UK) says "within 14 days of the agreement to refund" but that's not a legally-binding source. So it could be "ten years later", "upon my death", etc. I'm currently awaiting a response from our local Trading Standards Office, who conveniently also work for my current employer!
 
Last edited:

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
Awww, don't worry about going off topic at NZ. I've asked the management nicely and they said they don't mind. ;)

That would help explain why Amazon are so eager with the refunds. Clearly it makes good business sense.

What a crap company that's withholding your holiday refund. Now, I don't know the law surrounding such contracts, but one can be pretty sure that there's a reasonableness clause in there, most likely no more than a month perhaps. It's worth you researching this and waiving the law at them, which they might find very motivating.
 

TheURL

Well-known member
Joined
5 Jul 2021
Messages
143 (0.14/day)
What a nice bunch of managers you must have there at NZ! :) I need the money, not least to pay the balance on another trip somewhere else - argh!
 

Crims

Wethermon
Joined
5 Aug 2022
Messages
751 (1.25/day)
I recently had a dark pattern chucked at me by Amazon UK of all retailers.
If we go into Amazon firing all their diversity... that's a dark pattern that all these tech companies exhibit. When I heard recently that all diversity were fired, I was much more glad we're the country that has a shining light on that. I'd be happy to see that industry over.
 
Last edited:

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
Here's an excellent example of a dark pattern with a nasty edge to it. Clearly, these ISPs don't give a damn about vulnerable customers struggling with their bills and just try to maximise profit regardless, the usual psychopathic response from companies. It's not only BT in this example who are doing it either, of course.

Some of the UKā€™s largest mobile phone and broadband providers have been accused of burying cheaper deals for vulnerable customers on their websites, despite pressure from the government to promote them amid the cost of living crisis.

BT has a dedicated webpage for its Home Essentials broadband social tariff. However, it cannot be accessed from the catalogue of pricier deals users are directed to from its homepage, which start at Ā£26.99 a month. Unlike other deals, which can be bought online, prospective Home Essentials customers must call BT. It does not advertise the price. Ofcomā€™s website lists it at Ā£15 a month.

 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
The law is finally fighting back against some of those dark patterns that these big companies subject us to. And just look at how hard they fight back!

New legislation would force companies to simplify the cancellation process and offer cooling off periods.

But the proposed laws have been strongly criticised by some media organisations.

The draft Digital Markets, Competition and Consumers Bill proposes that companies send customers frequent reminders before a contract automatically renews. And it also lays down measures to make it simpler to stop a subscription. Additionally, thereā€™s proposed new rules on cooling off periods, allowing new customers to change their mind and exit for free.

The new laws would force companies to allow subscriptions to be cancelled via a variety of communication channels:
  • It would put to an end the practice of allowing customers to easily sign up online but forcing them through hoops to cancel.
  • For example, some organisations may allow you to sign up online in minutes. But if you want to cancel, you may have to call them, or navigate through a maze of online options, where the cancellation option is designed to be unclear.

 

Tiffany

Web Diva
Staff Member
Joined
13 Apr 2022
Messages
2,060 (2.88/day)
Amazon is in the news this morning with another lawsuit against their dark patterns.


My mom has an issue that I have to help her resolve on Amazon too. It sounds like she has been caught up in various subscriptions and receiving bulk items on a monthly basis. She says she never subscribed.
 

Retro

Founder
Staff Member
Joined
4 Jun 2021
Messages
4,639 (4.50/day)
My mom has an issue that I have to help her resolve on Amazon too. It sounds like she has been caught up in various subscriptions and receiving bulk items on a monthly basis. She says she never subscribed.
That sounds so unpleasant. I hope you can free her from these soon.


What a surprise that Virgin have been caught with their pants down.

Virgin Media is being investigated by the telecoms regulator over complaints that it is too difficult for customers to cancel their contracts.

People told Ofcom they struggled to speak to a customer services agent by phone, with some calls being dropped and others facing long waiting times.

Others said they had to make repeated requests to cancel their services.

 

TheURL

Well-known member
Joined
5 Jul 2021
Messages
143 (0.14/day)
In response to the quote "What a surprise that Virgin have been caught with their pants down.", can I just add that virgins caught with their pants down tend not to be virgins for very long. Sorry - couldn't resist that. :)
 

eidairman1

Well-known member
Joined
21 Jun 2023
Messages
102 (0.36/day)
I will not compromise my integrity because of money, You start doing that being FAA Licensed it can be prison time.
 
Back
Top Bottom