The dark patterns websites use to get you to spend more

Websites use a myriad of methods to encourage us to spend more. John Hearne lists the ways to spot them

From low-stock messages to nagging, websites spend millions trying to figure out the best ways to encourage us to purchase.

Dark patterns take many forms: you get to a ticket purchase page and a countdown timer starts. A message tells you 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.

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 sub categories.

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 it’s in demand, and that, by extension, if you don’t get moving, you’re going to lose out.

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

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

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.

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

The next one it calls "confirmshaming". 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."

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.

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.

Dark patterns ubiquitous online

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

Like all things web-based, consumer law has to run to keep up with emerging manipulative practises. In a major initiative last year, just under 400 websites were ‘swept’ by the CPC Network, which is comprised of the various EU national authorities which are responsible for enforcing consumer protection laws in EU and European Economic Area (EEA) countries.

The sweep 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. Sixteen Irish high street retailer websites were included in the sweep.

EU Commissioner for Justice, Didier Reynders: Nearly 40% of online shopping websites rely on manipulative practices to exploit consumers' vulnerabilities or trick them.

Didier Reynders is EU Commissioner for Justice. He says the screening exercise showed 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. 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.

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

Hiding important information

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. twenty three 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 form of dark pattern.

The good news is the sweep found "no clear infringements" on Irish sites. But, of course, the nature of internet shopping is that it’s transnational.

When shopping online, it can be hard to know who you’re buying from, so it’s important to do some research, check reviews and take a look at social media pages. Find out where the business is based. 

If you can’t find this information easily, approach with caution. If the business is based outside of the EU, try to find an EU alternative. You’ll have much stronger rights if things go wrong, and there won’t be any additional taxes or charges.

Browse the website before you buy, and when you do, watch out for poor English, such as spelling and grammar mistakes, or language that doesn’t sound right. 

Just because a website has a .ie address does not mean it’s an Irish-registered business. You should also check the website lists contact information, including a contact email address, phone number and geographical address.

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Reputable and legitimate companies will always list ways to get in touch with them, so if the website doesn’t have a "Contact Us" page, it could well be fraudulent. Additionally, if the site does have a "Contact Us" page but only offers a form to fill out, be wary!

Always pay securely, and consider using online payment services such as PayPal or a pre-paid credit card, so as to avoid potential scammers getting a hold of your bank account details. 

Pre-paid debit cards or credit cards provide an extra layer of protection as there is no direct withdrawal from your bank account. Never use wire or transfer services to pay for goods.