A report by the US Federal Trade Commission (FTC), in collaboration with the International Consumer Protection and Enforcement Network (ICPEN) and Global Privacy Enforcement Network (GPEN), has shed light on the extensive use of manipulative practices by websites and apps offering subscription services.
The study, which included input from officials in 27 authorities across 26 countries, analyzed 642 websites and apps, revealing that nearly 76% employed what the FTC refers to as “dark patterns” to persuade consumers into purchases.
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The FTC’s investigation identified various “dark patterns,” which broadly encompass tactics designed to obscure or delay the disclosure of critical information that might influence a consumer’s purchasing decision. The most prevalent tactic, termed “sneaking practices,” involves hiding essential details or postponing their revelation until after a purchase is made. Other common strategies include:
- Obstruction: Making it difficult for users to cancel subscriptions or find important information.
- Nagging: Repeated prompts or notifications encouraging users to subscribe.
- Forced Action: Requiring users to perform certain actions, such as providing credit card information upfront, to access services.
- Social Proof: Leveraging user reviews or testimonials to create a sense of trust and urgency.
- Push Notifications: Using frequent alerts to prompt subscriptions.
- Interface Interference: Designing user interfaces in ways that make it harder to avoid signing up for subscriptions.
This is the second report from the FTC on the subject, following a detailed 48-page study published in September 2022. The findings underscore the pervasive nature of these manipulative practices, particularly in an era where subscription prices are steadily increasing.
While many subscription services, especially in the streaming sector, offer valuable options for consumers, the report highlights a growing concern about the ethical practices of even the most reputable sites. As artificial intelligence becomes more integrated into subscription plans — such as YouTube Premium and Google One — the sophistication and effectiveness of these “dark patterns” may escalate unless regulatory bodies like the FTC take stringent measures.