Excerpt
FTC enforcement action against Amazon relating to Amazon Prime subscription, including explicit mappings in the complaint to five types of "dark patterns"
Our analysis
-The FTC lodged a complaint against Amazon, alleging the company's engagement in "dark patterns." These deceptive patterns included various methods aimed at misleading and coercing consumers into enrolling in Amazon Prime subscriptions that would automatically renew, while also deliberately obstructing the process of canceling these subscriptions.
-FTC explicitly maps the types of deceptive patterns used as follows: Amazon was accused of "Non-consensual Enrollment," where it allegedly duped customers into unknowingly signing up for automatic Prime subscription renewals without obtaining their informed consent. Amazon implemented a "Forced Action" strategy, compelling customers to make an enrollment decision before they could complete their purchases.
- The company used "Interface Interference" by manipulating the user interface to prioritize certain information, such as presenting Prime's terms and conditions in a small font and emphasizing "free shipping" to divert attention from the subscription's price.
-Amazon also employed the "Obstruction or 'Roach Motel' Technique" by complicating the subscription cancellation process, making it challenging to find the option to decline enrollment. Amazon asymmetrically presented choices by misdirecting and making it easier to enroll in Prime, using less prominent links to decline Prime, and directing attention away from the cancellation option.
- Amazon engaged in "Sneaking" by hiding or delaying the disclosure of pertinent information, including Prime's price and auto-renewal feature, during the enrollment checkout process.
-FTC alleged that Amazon used "Confirmshaming," involving emotive language to guilt users into selecting the favored option.
These deceptive practices were found to be in violation of Section 5(a) of the FTC Act (15 U.S.C. § 45(a)) and Section 4 of the Restore Online Shoppers' Confidence Act (ROSCA) (15 U.S.C. § 8403). Amazon's actions were alleged to contravene consumer protection laws, as they misled consumers and made it challenging for them to make informed decisions regarding their subscriptions.
Outcome
Pending - Last Update (September 20, 2023)
Parties
Federal Trade Commission and Amazon.com, Inc
Case number
2:23-cv-0932
Decision
Related deceptive patterns
Forced action involves a provider offering users something they want - but requiring them to do something in return. It may be combined with other deceptive patterns like sneaking (so users don't notice it happening) or trick wording (to make the action seem more desirable than it is). Sometimes an optional action is presented as a forced action, through the use of visual interference or trick wording. In cookie consent interfaces, forced action is sometimes carried out through "bundled consent". This involves combining multiple agreements into a single action, and making it hard or impossible for a user to selectively grant consent.
There are numerous ways to interfere with the visual design of a page to hide, obscure or disguise information. Visual perception can be manipulated by using small, low contrast text. Comprehension can be manipulated by creating a chaotic or overwhelming interface. User's expectations can be violated by placing important information in styles or location they would not expect.
Obstruction is a type of deceptive pattern that deliberately creates obstacles or roadblocks in the user's path, making it more difficult for them to complete a desired task or take a certain action. It is used to exhaust users and make them give up, when their goals are contrary to the business's revenue or growth objectives. It is also sometimes used to soften up users in preparation for a bigger deception. When users are frustrated or fatigued, they become more susceptible to manipulation.
Sneaking involves intentionally withholding or obscuring information that is relevant to the user (e.g. additional costs or unwanted consequences), often in order to manipulate them into taking an action they would not otherwise choose.
Confirmshaming works by triggering uncomfortable emotions, such as guilt or shame, to influence users' decision-making. Websites or apps employing this deceptive pattern often present users with opt-out button labels that are worded in a derogatory or belittling manner, making users feel bad about choosing not to engage with the offered service or feature. By targeting users' emotions and self-image, confirmshaming aims to increase the likelihood that users will give in to the desired action, ultimately benefiting the service provider.
Related laws
Prohibits deceptive acts or practices that misrepresent or omit material facts.
Requires companies to obtain consumer's consent before charging their credit or debit cards for goods or services offered through a "negative option feature."