In a recent episode of the Consumer Finance Monitor podcast, guest Gregory Dickinson, Assistant Professor at St. Thomas University, detailed the complexities and challenges of using current law to address dark patterns. The episode delved into what these so-called dark patterns are and how they differ from traditional scams directed at consumers that involve the use of deception. You can listen to the podcast here.
The most common forms of “dark patterns” were discussed, along with an exploration of how they are used to manipulate consumer online behavior. Similar to scammers, organisations deploy dark patterns to intentionally trick users into making decisions that they might not have otherwise. Examples include subtle manipulation in wording, hidden fees, recurring subscriptions that are difficult to cancel, and more.
Furthermore, the podcast also addressed the federal and state statutes, as well as common law claims, currently being used to challenge the use of dark patterns. This includes the exploration of recent legislative action aimed more directly at dark patterns.
However, according to Dickinson, lawmakers face numerous challenges when trying to regulate these unethical business practices. The balance between protecting consumer rights and allowing businesses freedom of operation is delicate. The difficulty in defining what exactly constitutes a deceptive dark pattern, and how to measure the harm it inflicts, further complicates the situation.
Addressing these hurdles effectively requires an updated, in-depth understanding of dark patterns and their implications for consumer behaviour and rights. Only then can applicable law catch up with the complex digital landscape we now inhabit.