Ethical Design in Software Development: The Case Against Dark Patterns
One of the main roles of designers in software development is to help users utilize the product easily. But that is not the only metric for a good design. A good design also satisfies the requirements of the stakeholders. This means designers are coming up with UIs that would constantly nudge users to take actions that would benefit the stakeholders.
For example, many UI/UX teams spend a lot of resources to make the payment process for their product as seamless as possible. Many design the product to direct the attention of users to specific features or new functionalities.
But at some point, these designs cross a line, when those light nudges or small taps on the shoulder become a strong push, often misguiding users into doing things they otherwise wouldn’t do or preventing users from doing things they want to do.
In this article, we discuss dark patterns and how developers and designers can be more ethical in their design process.
What are dark patterns?
Dark patterns are interfaces designed to trick users or customers into doing something they otherwise wouldn’t do. They also include designs and techniques used to hide or conceal information that may stop a customer from buying a product or using a feature. Dark patterns are not new and organizations in many industries use them.
For instance, when selling financial products, companies often hide information regarding the risks in the fine print. Sometimes, companies make subscribing to their product as simple as two clicks on a website, but to unsubscribe from them, you have to send them a letter by post or talk to a customer service representative.
The intention behind using dark patterns is often to improve KPIs such as the number of subscriptions, the number of people watching a certain show, or a number of clicks on an ad. But they are designed to trick users into taking actions or making purchases they otherwise wouldn’t.
What are some of the commonly used dark patterns in design?
There are many different types of dark patterns. Here are some of the most common ones:
Hard to cancel
This is one of the most common forms of dark patterns and are mainly seen with subscriptions. As the name suggests, with this type of designs, users will find it very easy to sign up for subscriptions, maybe for streaming platforms or another app. But the designers will make it confusing experience for users who want to stop the subscription. Due to how prevalent this dark pattern has become, the FTC announced a “click-to-cancel” rule this year that requires sellers to make it as easy for consumers to cancel their enrollment as it was to sign up.
Obstructions
This is when designers add unnecessary steps to prevent users from performing an action that the stakeholders don’t want them to. For instance, many websites have made it very easy to accept all cookies, but if users try to reject them, they may be forced to go through multiple menus and manually reject many different types of cookies.
Many social media apps also often hide privacy settings, particularly the ones that allow apps to track their users for ads, deep behind menus.
Trick wording
This is often used in the case of UX copy for buttons. For instance, instead of saying “reject all cookies” designers may use text that says: “Yes, I want to reject all cookies and I don’t want to be tracked.” By increasing the cognitive load on users and with some UI tricks like lightening the button and highlighting the button that lets websites track users, designers trick users into clicking the second one.
Sneaking in
This is commonly seen in e-commerce apps but could be observed in any online purchases. With this design technique, designers add one or two more items to the cart without alerting the user just before they make the payment. Users may notice they have purchased other items only later. This could be a subscription to a service or tips for the driver on a delivery app added without the user’s knowledge.
Nagging
This is exactly what it sounds like. Many apps and websites often annoy users into doing something they don’t want to just by annoying them into it. For example, designers who want users to sign up for their newsletters may put up multiple popups all over when users try to close them up. They may also use UX copy to guilt trip users into thinking they’re making the wrong choice.
Preselection
This is similar to sneaking in, except instead of adding something more, the designers have already made a selection that they want the users to make. For example, when you’re setting up a new phone and it asks you about your privacy preferences, you may have noticed that the designers have already checked the boxes with which you give permission for them to track you or collect data from you. Wary users may uncheck the boxes, but others may just accept them without taking a second glance thinking it’s mandatory to accept all of them.
The real victims of unethical design: how it harms users
Dark patterns are literally tricking users into doing something they don’t want to. Users who are aware of them may be able to make conscious decisions and work around these patterns, but the average user may be surprised with an additional payment on their credit card every month for a subscription they didn’t know they signed up for.
These designs prevent customers from making informed decisions regarding the products they buy or use. It can take away significant time and effort from users during their busy lives or when they’re chasing a tight deadline.
For example, a very common dark pattern can be observed among websites that offer “free” tools for image editing, video editing, translation, transcription, or other tasks. They lure in users calling them a free tool, but after the user has spent considerable time and effort on the solution and wants to download the output, the website says they have to purchase a subscription. Or the tool may let users download the output but with a watermark.
This trick may help designers increase the number of paying customers but users who can afford paid tools won’t be searching for free solutions. And at that point, they have invested so much time and energy while probably chasing a deadline.
Recently, CNN reported on how political fundraisers used non-stop messaging and dark patterns to trick elderly people, many among them suffering from dementia, to sign up for monthly or even weekly donations to political campaigns. Many ended up donating up to six figures unwittingly, often draining the savings they built over a lifetime.
The business consequences of unethical design in software development
While dark patterns may look appealing to businesses, they only work in the short run. For a while, the product may experience a surge in users or subscriptions due to the dark patterns. But after a while, once the users have caught on, they will be wary of any interaction with your product or brand. Many may even ask for refunds and the customer service department will be flooded with complaints.
In the long run, customers will lose faith and trust in brands or products using dark patterns. The product may struggle to retain its users and will have to work even harder to regain their trust.
There are also many laws limiting the use of dark patterns in both the EU and the US. These laws specifically prevent the use of fake, deceptive, or misleading tactics in advertisements. Many of these laws are also aimed at protecting user privacy, since dark patterns are often utilized to trick people into giving consent to collecting their data.
Using dark patterns has the risk of running afoul of these laws and regulations and facing huge penalties.
How to avoid dark patterns in your designs:
1. Raise awareness
For many UI/UX designers, dark patterns may be standard practice. They may use it regularly in their designs because it has produced results for them in the past. But by raising awareness about its impact on users and its ethical implications, you can reduce dark patterns creeping into your designs.
2. Get stakeholder buy-in
All product development teams will be facing pressure from stakeholders to improve their KPIs. There may be pressure from marketing teams to use copy or even designs to improve conversions or other metrics. To overcome this, there have to be clear lines of communication between the team and the stakeholders. The stakeholders should be educated on the harm that dark patterns cause and why the brand needs to stay away from them.
3. Have an open line of communication with customer support
Even if the team doesn’t intentionally create dark patterns, there may be elements that may be confusing the users and forcing them to take actions they don’t want to. Maybe a certain piece of copy wasn’t clear enough or someone made a purchase accidentally because they didn’t know what they were doing. By working closely with customer support, the team can remove any dark patterns that may have unintentionally crept in.
This will also help the team get good feedback from the users and enhance the overall UX.
4. Conduct regular audits
Dark patterns can creep up in the designs even unintentionally because ultimately, designers work on creating products that have high conversion rates. Having regular UI audits will help teams identify and remove dark patterns from their products.
5. Empower your team to speak up
UI/UX designers tend to stay very up-to-date on the latest design trends and are aware of designs that could confuse or trick users. They will have opinions on using different approaches to design. By empowering them to speak up, you can spot dark patterns early in your designs. You’ll also have a team that routinely speaks up about their ideas and help you build a better product.
Dark patterns hurt users and it can kill your product.
Dark patterns are a shortcut that may give a product quick results. But in the long run, they hurt the users and the brand. It can even open up the brand to lawsuits. Be ethical in your designs and create sustainable products.
Worried about dark patterns in your products? Talk to our team and let’s figure it out
