🚨 Dark Patterns: Online Design Strategies That Deceive Consumers

Today Korean Social News | 2025.04.19

📌 'Thought it was the lowest price'...Additional charges quietly added, authorities draw the line against online 'dark patterns'

💬 Institutional reforms are being pushed to prevent 'dark patterns' on online platforms that cause consumers to misunderstand prices or make unnecessary expenditures. At a recent National Assembly policy discussion, the need for comprehensive regulation and legal amendments to shift the burden of proof for damages to business operators was emphasized. In February, the Fair Trade Commission amended the Electronic Commerce Act to establish grounds for regulating dark patterns. Controversy over reverse discrimination has also been raised due to foreign platforms not complying with domestic laws. Additional measures, such as mandatory designation of representatives, are being discussed to ensure regulatory equity between domestic and foreign businesses.

Summary

• Dark patterns are design strategies that cleverly exploit consumer psychology online to induce unwanted choices.
• They appear in various forms, such as adding extra costs during the payment process and making subscription cancellations difficult.
• Regulations against dark patterns are being strengthened domestically and internationally to prevent consumer harm.

1️⃣ Definition

Dark patterns are design strategies in websites or apps that deliberately exploit user psychology to influence consumers to make unwanted choices. Simply put, they interfere with consumers' rational choices through methods such as advertising the "lowest price" on online shopping malls and then adding additional fees during the payment stage, or hiding the cancellation button to make it difficult to find.

Dark patterns are unfair trade practices that violate consumer rights, and regulations against them are gradually being strengthened.

💡 Why is this important?

• They cause economic losses by making consumers spend money on unwanted products or services.
• The potential for harm increases as online shopping and digital service usage grows.
• They undermine consumer trust and hinder a healthy digital transaction environment.

2️⃣ Types and Characteristics of Dark Patterns

📕 Main Types of Dark Patterns

• Hidden Costs are the most common dark pattern. Hidden costs are a pattern where consumers end up paying more at final checkout than the initially presented price. For example, when purchasing airline tickets, they may initially be displayed at a low price, but during the payment process, various fees, seat selection costs, and baggage charges are added, significantly increasing the final price. Online shopping malls may also set low product prices while charging high shipping fees or charging separately for essential options. This method exploits the psychology that consumers will not abandon their purchase despite additional costs once they have started the buying process.

• Forced Continuity exploits automatic renewal. Forced continuity is a pattern where services are initially provided for free or at a low price, and then automatically convert to paid services after a certain period. What's particularly problematic is displaying this automatic renewal information in small print or placing it in an inconspicuous location, making it difficult for consumers to notice. Also, many services do not send notifications just before the free trial period ends or make the subscription cancellation process complicated to prevent consumers from easily canceling. This approach is typically used in some OTT services or digital subscription services.

• Misdirection distorts user choices. Misdirection is a pattern that cleverly utilizes design elements to guide users to make specific choices. For example, on websites, to refuse unwanted marketing emails, you may need to uncheck a small checkbox, but the wording of this checkbox is written with double negatives to cause confusion (e.g., "I do not wish to not receive marketing emails"). Additionally, desired options are often emphasized with noticeable colors or sizes, while unwanted options are made dim or small. This approach leads consumers to make choices contrary to their intentions, subscribing to unnecessary services or agreeing to the use of personal information.

📕 Psychological Mechanisms of Dark Patterns

• Dark patterns cleverly exploit human psychological characteristics. Dark patterns are effective because they utilize various human psychological characteristics and cognitive biases. First, they exploit loss aversion tendencies. People respond more sensitively to losing something than gaining something, and dark patterns create anxiety about missing opportunities with phrases like "limited quantity" or "ending soon." Second, they utilize default bias. People tend to stick with default options when additional effort is required to change them. For example, if additional services or insurance are already checked, they will be automatically purchased if not unchecked. Third, they exploit psychological fatigue. Complex cancellation procedures and multiple confirmation steps are designed to make users tired and give up.

• The characteristics of the digital environment enhance the effectiveness of dark patterns. The characteristics of the digital environment also contribute to dark patterns being more effective. First, there is information asymmetry. Online, consumers must rely on information provided by sellers, making it difficult to verify the truthfulness or completeness of information. Second, there is an online behavior pattern that seeks immediate satisfaction. Users tend to make quick decisions online, often not checking details thoroughly. Third, subtle manipulation of design elements is possible. Changes in color, size, and position can guide user attention in specific directions. These characteristics of the digital environment make dark patterns more subtle and difficult for consumers to recognize and respond to.

Main Types of Dark Patterns and Examples

1. Hidden Costs: Unexpected additional costs occurring at the payment stage
2. Forced Continuity: Automatic paid conversion after free trial, designed to make cancellation difficult
3. Misdirection: Confusing wording, using noticeable colors to guide specific choices
4. Bait and Switch: Guiding actual sales to different products than advertised
5. False Urgency: Inducing immediate purchase with "limited quantity," "special price today only"
6. Privacy Zuckering: Designed to collect excessive personal information
7. Sneak into Basket: Items added to cart without explicit consent
8. Visual Interference: Hiding or making important information inconspicuous
9. Preselection: Options disadvantageous to consumers set as default
10. Hidden Information: Important conditions hidden behind small print or links

3️⃣ Impact and Regulation of Dark Patterns

✅ Impact on Consumers and Markets

• Dark patterns cause direct economic harm to consumers. Consumer harm from dark patterns manifests in various forms. The most common damage is spending more than expected. Consumers end up paying more than the initially presented price or inadvertently subscribing to additional services or products. Especially with auto-renewal services, fees may be charged for extended periods without consumer awareness. Also, complicated cancellation or refund processes make it difficult for consumers to exercise their rights, resulting in additional costs or wasted time. Other major damage cases include receiving unwanted marketing information and privacy violations due to excessive collection of personal information.

• Dark patterns have a negative long-term impact on the entire market. Dark patterns affect not only individual consumers but also have several negative impacts on the entire market. First, consumer trust decreases. When consumers repeatedly experience harm from dark patterns, trust in online transactions in general diminishes. Second, they hinder fair competition. Companies using dark patterns may achieve higher sales in the short term than those providing honest information and transparent pricing policies, damaging the fair competitive environment. Third, they encourage unnecessary consumption. They lead consumers to purchase products or services they don't actually need or want, resulting in resource waste. Consequently, dark patterns reduce market efficiency and consumer welfare.

✅ Domestic and International Regulatory Trends and Challenges

• Regulation of dark patterns is also becoming more formalized in Korea. Regulations against dark patterns have recently been strengthened in Korea. In February 2025, the Fair Trade Commission established legal grounds to regulate dark patterns through amendments to the Electronic Commerce Act. This explicitly prohibits providing information that differs from actual transaction conditions to consumers or hiding important transaction conditions. Additionally, online subscription services will now be required to provide advance notification before automatic renewal and easy cancellation methods. The Korea Communications Commission and the Korea Consumer Agency are also strengthening monitoring of dark patterns and consumer damage remediation activities. However, the current approach primarily responds to individual cases, and creating a more comprehensive and consistent regulatory framework remains a challenge.

• More active regulation of dark patterns is underway overseas. Major countries abroad have already established various legal mechanisms to regulate dark patterns. In the US, the Federal Trade Commission (FTC) defines dark patterns as "deceptive commercial practices" and actively sanctions them, and since 2022, California has been implementing legislation that explicitly prohibits certain dark patterns. The European Union (EU) has strengthened regulations on dark patterns through the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR), emphasizing transparency and user rights protection on online platforms. The characteristic of these overseas regulations is that they specifically define types of dark patterns and impose strong sanctions for violations. They also take a preemptive approach by presenting guidelines that encourage user-friendly design beyond simple prohibition.

4️⃣ Related Terminology

🔎 Nudge

• A nudge is a behavioral economics concept that guides choices without forcing them.
• Literally translated as 'gently poking someone in the side with your elbow,' in behavioral economics, 'nudge' refers to 'a technique that gently guides specific choices without forcing them.' Popularized in the 2008 book "Nudge" by Richard Thaler and Cass Sunstein, it involves designing the environment to encourage desirable choices by utilizing human psychological characteristics. For example, applying piano key designs to stairs to encourage people to use stairs instead of escalators, or setting health insurance enrollment as the default to get more people to sign up for insurance are examples of nudges. Nudges fundamentally have a positive aspect of respecting freedom of choice while leading to better decisions. On the other hand, dark patterns misuse nudge techniques to guide consumers toward unfavorable choices, sometimes called 'Dark Nudges.' While they utilize the same psychological mechanisms, there is a significant difference in purpose and results.

🔎 UX (User Experience)

• UX refers to the total experience felt by users when interacting with products, services.
• UX (User Experience) is a concept that encompasses all aspects of the experience and emotions a user feels when using a product, service, or system. It includes not only the functions or design of the product but also the convenience, efficiency, and satisfaction felt throughout the entire process from the moment the user first encounters it until they finish using it. Good UX design aims to understand user needs and goals and provide an intuitive and efficient experience that meets them. Examples of good UX in websites or apps include making it easy for users to find desired information and perform desired tasks simply. Dark patterns reverse-engineer these UX design principles to design experiences unfavorable to users. For example, hiding cancellation buttons or tiring users through complex procedures is intentionally creating bad UX. Therefore, dark patterns are considered poor examples that go against UX design ethics.

🔎 CX (Customer Experience)

• CX is the total experience felt by customers at all touchpoints of interaction with a company.
• CX (Customer Experience) refers to the holistic experience formed at all touchpoints from the moment a customer first recognizes a company's product or service to purchase, use, and after-sales service. While UX primarily focuses on the usability of the product or service itself, CX deals with the impact of all elements including brand image, marketing, customer service, and pricing policies on the customer experience from a broader perspective. Good CX is essential to ensure that customers have a consistent and positive experience in all interactions with the company. Taking an online shopping mall as an example, CX includes not only website usability but also the convenience of product search, transparency of the payment process, delivery status notifications, and the problem-solving process when issues arise, covering the overall customer journey. Dark patterns are elements that undermine this CX, which may help increase sales in the short term but damage customer trust and loyalty in the long term. Recently, many companies are focusing on building sustainable customer relationships through transparent and ethical CX design while avoiding dark patterns.

5️⃣ Frequently Asked Questions (FAQ)

Q: How should consumers respond when they discover dark patterns?

A: There are various ways consumers can respond when they discover dark patterns. First, check thoroughly before purchasing or signing up. Particularly during the payment process, it's important to develop a habit of carefully examining the final price and included items, as well as important content in the terms and conditions. Second, take screenshots of suspicious items. These can be used as evidence if problems arise later. Third, contact the company directly if damage occurs. If you clearly point out the problem and demand a solution, companies often respond actively out of concern for image damage. Fourth, report to consumer protection agencies if the issue is not resolved. You can report to the Korea Consumer Agency's '1372 Consumer Counseling Center,' the Fair Trade Commission, or the Financial Supervisory Service for financial products. Fifth, sharing your experience on social media or consumer review sites can also help. This warns other consumers while putting pressure on companies to improve. Sixth, responding collectively with other consumers who have suffered similar damage is also an option. You can share information and seek joint responses through consumer groups or online communities.

Q: How can we distinguish between dark patterns and normal marketing strategies?

A: The key to distinguishing between dark patterns and normal marketing strategies lies in 'transparency' and 'consumer freedom of choice.' First, check information transparency. Normal marketing emphasizes the advantages of products or services but does not hide important information. In contrast, dark patterns deliberately hide important conditions or costs or display them in small print. Second, examine whether consumer freedom of choice is guaranteed. Normal marketing allows consumers to easily change or cancel their choices. Dark patterns make the cancellation or termination process complicated or intentionally difficult. Third, judge the degree of psychological pressure. While regular marketing also conducts limited sales or special events, dark patterns create false urgency or exert excessive psychological pressure. Fourth, look at the fairness of default settings. If options unfavorable to consumers are set as default, you might suspect dark patterns. Fifth, consider the overall user experience. Normal marketing aims at long-term customer relationships and trust building, while dark patterns tend to focus only on short-term sales increases. Looking at these criteria will help distinguish between dark patterns and normal marketing strategies.