Dark patterns are design and user interface (UI) techniques websites and apps use to manipulate and deceive users into taking actions they may not want. These patterns are used to reach specific business goals, such as increasing sales or capturing user data, by exploiting human psychology and cognitive biases.
Dark patterns can make it difficult for users to make informed choices, understand terms and conditions, or opt out of specific actions. They are considered unethical and can erode trust between users and online platforms. Therefore, Industries should use them with care and consent.
Hidden Costs – Concealing or downplaying additional charges, like shipping fees or taxes, until the user is about to make a purchase.
Misleading Language – Using vague or confusing wording makes it difficult for users to understand what they agree to. For instance, it presents “opt-in” options in a way that implies consent.
Forced Continuity – Making it easy for users to sign up for a service but deliberately making it difficult to cancel or unsubscribe.
Sneak into Baskets – Automatically adding items to a user’s shopping cart without explicit consent.
Social Proof – Faking endorsements or displaying fake reviews to make a product or service seem more popular or trustworthy than it is.
The Financial Conduct Authority (FCA) is a regulatory body in the United Kingdom that oversees financial services and markets to ensure they operate fairly and transparently, protect consumers, and maintain the financial system’s integrity. The FCA introduced the “Consumer Duty” in its regulatory framework to emphasize protecting consumers and ensuring fair treatment. UI and UX design agencies in UK know very well about it.
The FCA’s Consumer Duty, which is expected to be implemented in late 2021 or early 2022, aims to ensure that financial firms prioritize the interests of their customers and provide products and services that meet their needs. It includes three key elements.
Consumer Principle: This principle requires firms to act in the best interests of consumers, including taking steps to avoid harm to them.
Cross-cutting rules: The FCA will establish regulations to prevent consumer harm. This may include laws related to product design, distribution, and marketing.
Operational objectives: The Consumer Duty will be linked to the FCA’s operational goals, including ensuring that consumers are provided with the appropriate protection.
Acting in the Customer’s Best Interests: Financial firms must act honestly, fairly, and professionally, putting their customers’ best interests at the forefront of their services.
Provision of Clear and Fair Information: Firms must provide clear, concise, and easily understandable information to consumers, enabling them to make informed decisions about financial products and services.
Service and Product Quality: The FCA’s Consumer Duty emphasizes the need for financial firms to design and deliver products and services that meet the needs and preferences of consumers.
Preventing Harm: Firms are expected to identify and address any practices, products, or services that may cause harm to consumers.
In the context of dark patterns, the FCA’s Consumer Duty can be seen as a regulatory response to unethical practices used by some financial firms. It aims to ensure that consumers are treated fairly and that firms do not employ deceptive techniques or misleading user interfaces to exploit consumers. UI/UX design companies in the UK must assure online users in India.
Financial institutions must adhere to Consumer Duty by implementing measures to avoid dark patterns and ensuring their products and services are designed with consumer interests in mind. This includes clear and transparent communication, fair treatment, and focusing on delivering value to customers without deceptive tactics.