Many shopping sites and apps in Japan use manipulative dark patterns to trick users into buying products and making other unintended choices, according to a recent report by web design company Concent Inc.
These dark pattern designs include subscription plans presented as one-time purchases and important information (like terms and fees) hidden in small print.
Shoppers are also tricked into signing up for memberships while browsing products, and many said canceling memberships was a complicated and time-consuming process.
Such manipulation results in buyer’s remorse and undermines trust in digital shopping, the report said.
“Dark patterns are designed to use cognitive bias and cleverly deceive consumers. In order to prevent damage caused by dark patterns, it is important for consumers to first recognize and become aware that there are dark patterns,” Miki Kawasaki, UX/UI designer at Concent Inc., said in a press release.
The “Dark Pattern Report 2023,” published on Nov. 27, is based on an online survey conducted in Japan in August among 799 individuals aged 18 to 69.
70% of Online Shoppers Have Encountered At Least One ‘Dark Pattern’
The report revealed that approximately 70% of online shoppers in Japan have encountered at least one type of “dark pattern,” suggesting that these deceptive practices are widespread on e-commerce apps and sites in the country.
Meanwhile, over 40% of the respondents admitted having been misled into unintentionally selecting a product or feeling compelled to agree to recurring pop-ups. This percentage may understate the problem, as some individuals may not recognize a dark pattern when they see one.
Awareness of the term “dark patterns” is also growing, the report said, with over 40% of respondents having some knowledge of it — though only 16.6% fully understand what it means. This rising awareness is likely influenced by increased media coverage and regulatory actions internationally and in Japan.
Additionally, just under 30% of the respondents were aware of the strengthening of regulations against dark patterns.
“While there are increasing cases of businesses being sued for using dark patterns abroad due to stricter regulations, there is currently no specific law directly regulating dark patterns in Japan as of November 2023,” an English translation of the survey report said.
How to Recognize and Stop ‘Dark Patterns’
Many online platforms, including games, have been accused of using dark patterns to outwit users. In December 2022, the Federal Trade Commission accused Epic Games of using dark patterns to coerce children into unwittingly making in-game purchases, resulting in a historic $520 million settlement agreement.
Google has also been accused of using “dark patterns” to trick users into sharing personal data.
To protect yourself against “dark patterns,” Concent Inc. recommends reviewing terms and conditions thoroughly before making online purchases and exercising skepticism when you encounter offers that appear too good to be true.
Additionally, it is important to double-check pre-selected options during transactions and regularly monitor subscriptions and accounts, the report said. Sharing experiences and reporting malpractices to regulatory bodies can also help raise collective awareness and lead to action against unethical business practices.
“Since it’s difficult to set clear criteria for what constitutes a dark pattern and how consumers perceive them, addressing this issue cannot be completely managed by regulations alone. Therefore, alongside legal regulations, it is necessary for businesses to strive to prevent the unintentional use of dark patterns and for consumers to be aware of their existence to protect themselves,” the report said.
We recommend you always read the fine print on the apps and websites you use for shopping. Read our extensive guide to safe online shopping for more safety tips.
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