Covertly Inserting Items into Consumers' Online Shopping Carts by Product Designers
In the digital age, user-friendly and transparent website design has become increasingly important. This is especially true as governments worldwide take steps to regulate deceptive design practices known as dark patterns.
Dark patterns are user interface (UI) and user experience (UX) tactics that manipulate or mislead users into actions they did not intend, such as subscribing to unwanted services, sharing excessive personal data, or incurring hidden fees. These practices subvert consumer autonomy and decision-making for the benefit of the company deploying them.
To protect consumers, regulatory bodies are taking action. In 2023, the Department of Consumer Affairs released the Guidelines for Prevention and Regulation of Dark Patterns, defining these practices as deceptive design elements that impair consumer autonomy and violate consumer rights. The Central Consumer Protection Authority has also issued advisories requiring e-commerce platforms to conduct self-audits to identify and eliminate dark patterns and submit self-declarations affirming their compliance.
Regulatory efforts include targeting thirteen specified dark patterns, such as false urgency, subscription traps, confirm shaming, and binge pricing. Despite these efforts, challenges remain in enforcement, especially across borders and due to technical expertise limitations in regulatory bodies.
Some widely recognized dark patterns that designers should avoid include hidden costs, false urgency, confirm shaming, subscription traps, misdirection, privacy Zuckering, bait and switch, drip pricing, disguised ads and nagging, forced action, and sneak into basket.
The sneak into basket design pattern is particularly notorious, as it involves adding items to users' shopping baskets without their explicit permission, such as the Dutch Royal Airlines adding a charitable donation for CO2 compensation. This practice is considered a dark pattern because it is similar to a supermarket worker putting items into a shopping cart without the shopper's knowledge.
Avoiding these practices is critical because they damage user trust, frustrate customers, and increasingly attract regulatory scrutiny. Ethical UI/UX design respects user autonomy and clearly presents choices without manipulative tricks.
For example, instead of adding items to the shopping basket without the user's knowledge, companies can offer suggestions based on what other customers have bought. This approach can lead to a positive user experience and returning customers. The Staples website provides customers with suggestions for products based on what other customers bought, offering a mix of popular and useful combinations with products in their basket.
Amazon is another example of a company that offers suggestions effectively by presenting additional selections according to what other buyers have bought in addition to the item the user is considering. This more responsible way to persuade users to buy items related to the ones they have already placed in their shopping basket can help foster fair, transparent, and user-respecting digital experiences.
In conclusion, dark patterns are increasingly regulated through guidelines, self-audits, and government oversight, targeting specific deceptive design practices. Designers should avoid manipulative tactics such as hidden fees, confirm shaming, false urgency, and subscription traps to foster fair, transparent, and user-respecting digital experiences. By doing so, they can help preserve users' full freedom of choice, build trust, and foster loyal relationships with their customers.
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References:
1. Department of Consumer Affairs. (2023). Guidelines for Prevention and Regulation of Dark Patterns. Retrieved from [https://www.consumer.gov/darkpatterns](https://www.consumer.gov/darkpatterns) 2. Central Consumer Protection Authority. (2023). Self-audit guidelines for e-commerce platforms. Retrieved from [https://www.ccpa.gov.in/self-audit-guidelines-for-e-commerce-platforms](https://www.ccpa.gov.in/self-audit-guidelines-for-e-commerce-platforms) 3. Joint Working Group. (2023). Monitoring and Suggesting Awareness Programs for Dark Patterns. Retrieved from [https://www.jwg.gov.in/darkpatterns](https://www.jwg.gov.in/darkpatterns) 4. Harry Brignull. (n.d.). Darkpatterns. Retrieved from [https://www.darkpatterns.org/](https://www.darkpatterns.org/) 5. Madeleine L'Engle. (n.d.). Quote about freedom of choice. Retrieved from [https://www.brainyquote.com/quotes/madeleine_lengle_1085940](https://www.brainyquote.com/quotes/madeleine_lengle_1085940) 6. Jenifer Tidwell. (2021). Designing Interfaces: Patterns for Effective Interaction Design. Retrieved from [https://abookapart.com/products/designing-interfaces-4e](https://abookapart.com/products/designing-interfaces-4e) 7. Martijn van Welie. (2016). Pattern Library. Retrieved from [https://www.welie.com/patterns/](https://www.welie.com/patterns/)
- Designers should critically reference the Guidelines for Prevention and Regulation of Dark Patterns issued by the Department of Consumer Affairs in 2023 to avoid deceptive design elements that impair consumer autonomy and violate their rights.
- To maintain a positive user experience, ethical UI/UX design can learn from the practices of reputable companies like Staples and Amazon, who suggest products based on user behavior and other customers' purchases, rather than relying on manipulative tactics like sneak into basket design.
- The Staples website improves user experience by offering a selection of recommended products based on popular and useful combinations, attracting customers and fostering repeat business.
- In addition to maintaining ethical UI/UX design in their digital offerings, businesses can also engage in education-and-self-development initiatives, such as understanding dark pattern regulations and strategies to avoid them, as well as embracing technology to ensure their practices remain transparent, user-friendly, and compliant with government oversight.
