Fake countdown timers and constant nagging: The dark patterns websites use to manipulate you into buying

It sounds sinister and it can be: Unscruplous traders will stop at nothing to push consumers into making decisions that they wouldn't otherwise make, writes John Hearne

Nagging is among the most irritating of the dark patterns. You’re trying to buy something and suddenly you’re hit by pop-up after pop-up, inviting you to join an email list or take similar action, when all you want to do is locate the product you wish to buy.

Dark patterns. It sounds like the name of the next sci-fi blockbuster. In reality, the phrase refers to sharp practice by unscrupulous traders trying to push you into making decisions you would not otherwise make.

It takes many forms: you get to a ticket purchase page and a countdown timer starts. A message tells you that three other people are currently thinking about purchasing this item, and there’s only one left. Relevant information is obscured or spelled out in a font that’s too tiny to see.

Last week, the Competition and Consumer Protection Commission (CCPC) reported that it took part in a series of EU-wide online ‘sweeps’, in order to identify the use of dark patterns on websites.

Some 399 websites were ‘swept’ by the CPC Network, which is comprised of the various EU national authorities who are responsible for enforcing consumer protection laws in EU and European Economic Area (EEA) countries.

The sweeps included websites of mainly EU-based traders and covered a wide range of goods: clothes, electronic goods, household equipment, cosmetics, personal care goods and food. 16 ‘well-known’ Irish high street retailer websites were included in the sweep.

Websites spend millions trying to figure out the best ways to encourage us to spend more. They use a variety of design tools: from option placement and setting default choices to a wide range of messaging techniques.

Sometimes these tools are helpful. They bring us to the things we’re looking for more quickly. Sometimes however, this ‘help’ crosses the line into manipulation.

Consumer magazine Which? puts it well: “Dark patterns manipulate consumers into doing things that they didn’t mean to do or into making a choice which favours the website or app rather than the consumer. They work on a subconscious level, exploiting consumers’ cognitive vulnerabilities such as biases and limited attention.”

Which? has broken dark patterns down into eight subcategories.

1. Activity Message

The first is the activity message. This basically tells you what other people are doing on the website — how many views this product has had and so on, in order to give the impression that it’s in demand, and that, by extension, if you don’t get moving, you’re going to lose out.

2. High Demand

Then you have the related high-demand message. Same idea, same impact.

3. Low Stock

Next is the low-stock message. It’s going fast! Get your skates on!

4. Nagging

Nagging is among the most irritating of the dark patterns. You’re trying to buy something and suddenly you’re hit by pop-up after pop-up, inviting you to join an email list or take similar action, when all you want to do is locate the product you wish to buy. Frequently, you’d need a magnifying glass to spot the little ‘x’ you need to hit to shut these pop-ups down.

5. False Hierarchy

False hierarchy happens when there are two options available, but one is made to stand out more through its placement, size or colour.

6. Confirm Shaming

The next one they call ‘confirm-shaming’. This is where the option to decline is worded in such a way as to try to make you feel foolish: ‘No I don’t want to make any savings today’.

7. Confusion

Confusion has always been a useful tool for scam artists. Online sellers have also been known to use confusion or unclear language in order to make it difficult to opt-in or out.

8. Countdown Timers

Finally, you have the countdown timer beloved of ticket sellers. This one is particularly insidious given the de facto monopoly that exists in this particular area of the market.

Again, the intent is unequivocal. Follow through or you lose out, big time.

In a study they carried out, Which? found that dark patterns were ubiquitous online.

“When shown examples, most consumers recall seeing activity messages (87% of consumers), trick questions (84%), low stock messages (75%), countdown timers (73%) and nagging (70%) on websites or apps.”

It also found that dark patterns can leave consumers feeling manipulated or annoyed (45%). Often however, it goes much further than that. Some 13% of people said that these dark sales arts had led them to spend more than they had intended to.

A total of 42 websites used fake countdown timers with deadlines to purchase specific products, while 54 directed consumers towards certain choices, from subscriptions to more expensive products or delivery options — either through their visual design or choice of language.

Like all things web-based, consumer law has to run to keep up emerging manipulative practises. The EU sweep focused on three specific forms of dark pattern:

Fake countdown timers, the aforementioned false hierarchy (where consumers are nudged to click on the trader’s preferred option by making it much more prominent) and information hiding, which is when information on a product or service is less visible by using very small fonts or placing information in a less prominent section of the website or application.

Kevin O’Brien of the Competition and Consumer Protection Commission, says that it’s vital that consumers are able to make informed decisions about the products they buy.

“Brands and traders should be aware that dark patterns, such as those identified during these EU-wide sweeps, are not acceptable and consumer protection legislation applies.”

The good news is that the sweep found “no clear infringements” on Irish sites. But of course the nature of internet shopping is that it’s often transnational. This Europe-wide initiative, which swept just under 400 sites, found no shortage of dark patterns.

Didier Reynders is EU Commissioner for Justice. He says that the screening exercise showed that nearly 40% of online shopping websites rely on manipulative practices to exploit consumers’ vulnerabilities or trick them.

“This behaviour is clearly wrong and against consumer protection,” he said. Today we already have binding tools to help tackle such issues and I call on national authorities to make use of their enforcement capacities to take relevant action and fight these practices. In parallel, the Commission is reviewing all consumer legislation to ensure it is fit for the digital age, including to assess whether dark patterns are adequately covered.”

A total of 42 websites used fake countdown timers with deadlines to purchase specific products, while 54 directed consumers towards certain choices, from subscriptions to more expensive products or delivery options — either through their visual design or choice of language.

Meanwhile, 70 websites were found to be hiding important information or making it less visible for consumers. For example, this included information related to delivery costs, the composition of products, or on the availability of a cheaper option. A total of 23 websites were hiding information with the aim of manipulating consumers into entering into a subscription.

The sweep also included the apps of 102 of the websites screened, 27 of which also deployed at least one of the three categories of dark pattern.

National authorities will now contact the traders concerned and ask them to rectify their websites and take further action if necessary, according to ‘national procedures’.

The Commission is also gathering feedback on three directives related to consumer protection, to determine whether they ensure a high level of protection in the digital environment: the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive. This public consultation is open until February 20.