Deceptive Patterns - Types - Hidden Costs (2024)

Types ›

The user is enticed with a low advertised price. After investing time and effort, they discover unexpected fees and charges when they reach the checkout.

Definition

Hidden costs involve obscuring or omitting additional fees, charges, or costs until the user is well into the purchasing or sign-up process. By that point, the user has already invested time and effort into the transaction and is more likely to proceed despite the unexpected costs.

Example

Ticket reseller Stubhub used hidden costs to drive revenue. Their method was to advertise a low price, draw users in through a lengthy series of steps, and then at the end immediately prior to payment, reveal a final higher price. At that point, the user had already spent time and energy, so they had to weigh up the time and energy cost of trying to find a cheaper price elsewhere (and risk of failing) versus just paying up. This is detailed in the research paper Price Salience and Product Choice (Blake et. al, 2021), who reported that users who were who weren’t shown the ticket fees upfront spent about 21% more money and were 14.1% more likely to complete a purchase.

Deceptive Patterns - Types - Hidden Costs (2)

Deceptive Patterns - Types - Hidden Costs (3)

Deceptive Patterns - Types - Hidden Costs (4)

References

Hidden costs (Brignull, 2010), Drip pricing (FTC, 2022), hidden legalese stipulations (Bösch et al, 2016), Misleading reference pricing(OECD, 2019)

Deceptive Patterns - Types - Hidden Costs (6)

No items found.

Related laws

Federal Trade Commission Act - Section 5(a), 15 U.S.C. § 45(a)

USA

Prohibits deceptive acts or practices that misrepresent or omit material facts.

Privacy Rule, 16 C.F.R. Part 313 (Recodified at 12 C.F.R. § 1016)

USA

Requires financial institutions to notify customers about privacy policies, sets conditions for disclosing information to third parties, and provides opt-out rights to customers.

Gramm Leach Bliley Act Act - Section 501, 15 U.S.C. § 6801

USA

Requires financial institutions to protect the confidentiality and security of customers' personal information.

Gramm Leach Bliley Act Act - Section 502, 15 U.S.C. § 6802

USA

Requires financial institutions to provide privacy notices to customers and to safeguard nonpublic personal information.

Gramm Leach Bliley Act Act - Section 503, 15 U.S.C. § 6803

USA

Requires financial institutions to disclose to customers their privacy notices explaining how their personal information is collected, shared, and protected.

Consumer Protection Cooperation (CPC) Regulation (2006/2004/EC)

EU & UK

Promotes cooperation among EU member states to enforce consumer protection laws.

Unfair Commercial Practices Directive - Article 6

EU & UK

Outlines what constitutes a misleading commercial practice that could deceive the average consumer into making a transactional decision they would not have otherwise taken.

Unfair Commercial Practices Directive - Article 7

EU & UK

Requires traders to provide material information and not to hide or obscure it in any way, in order to avoid misleading consumers and affecting their transactional decisions.

Unfair Commercial Practices Directive - Article 5

EU & UK

Prohibits misleading commercial practices.

Dutch Civil Code (Unfair Commercial Practices) - Section 6.3.3A

EU & UK

Prohibits unfair commercial practices, including misleading and aggressive practices, and provides remedies for consumers who have been harmed by such practices.

Electronic Commerce (EC Directive) Regulations 2002

EU & UK

Establish the legal framework for online retailers and service providers to comply with while conducting business with consumers.

Consumer Protection from Unfair Trading Regulations, 2008

EU & UK

Prohibit traders across all sectors from using unfair commercial practices that hinder consumers from making informed purchasing decisions.

Consumer Contracts (Information Cancellation and Additional Charges) Regulations, 2013

EU & UK

Grant consumers the right to cancel contracts for goods or services made through remote communication channels such as the internet, email, or telephone.

Consumer Rights Act, 2015

EU & UK

Covers various aspects of consumer transactions, including the sale of goods and services, digital content, unfair contract terms, and remedies for faulty goods.

District’s Consumer Protection Procedures Act § 28-3904

USA

Outlines various unfair or deceptive trade practices, including misrepresenting goods or services, falsely claiming affiliations, quality, or characteristics, and using innuendo to mislead

ROSCA - Section 4, 15 U.S.C. § 8404

USA

Specifies the enforcement provisions for violations of the Act by the Federal Trade Commission, including penalties and privileges.

Fair Credit Reporting Act - 15 U.S.C. §§1681-1681

USA

Mandates consumer reporting agencies to implement fair and accurate procedures for handling consumer credit information, ensuring confidentiality and relevance while upholding consumer rights.

Related cases

Federal Trade Commission v. Lending Club

$18 million settlement

Airbnb's assessment by the Consumer Protection Cooperation Network

In negotiations to comply

ACM v. World Ticket Center B.V.

€350,000 in fines

Competition and Markets Authority v. Viagogo

£400,000 in fines

Enforcement Action against Expedia

Changes made to website

District of Columbia v. Grubhub

$3.5 million in fines

In the Matter of HomeAdvisor, Inc.

$7.2 million in fines

FTC v. Prog Leasing

$175 million in fines

Federal Trade Commission v. Universal City Nissan

$3.5 million in fines

United States of America v. MyLife.com, Inc., and Jeffrey Tinsley

$21 million in fines

Deceptive Patterns - Types - Hidden Costs (2024)

FAQs

What is an example of a deceptive pattern? ›

Examples include misleading wording for questions and answer options (like using double negatives) or moving a Close button far outside a modal. Nagging: Persistently nagging users to agree to something, even though they may have already declined the request.

How to avoid hidden costs in dark pattern? ›

Best Practices and Tips to Avoid Dark Patterns

Don't hide important disclosures or delay providing key details. For example, clearly display all costs, including additional or hidden fees, before the user commits to a purchase.

What is an example of hidden cost? ›

These costs can impact efficiency, decision-making, and overall business expenses. Some common hidden costs include wasted time, increased error rates, missed opportunities, ineffective decision-making, and increased operational costs.

How to avoid deceptive design patterns? ›

Fair Design Choices: The OPC recommends that organizations ensure that privacy options are presented neutrally without misleading users, for example by avoiding the use of (i) false hierarchies by making 'accept all' and 'reject all' buttons the same size and style, (ii) less privacy friendly defaults, and (ii) confirm ...

What is an example of a deceptive tactic? ›

Deceptive tactics in negotiation can run rampant: parties “stretch” the numbers, conceal key information, and make promises they know they can't keep. The benefits of negotiation in business offer strong incentives to detect these behaviors.

What is an example of a deceptive similarity? ›

Marks that suggest similar ideas or themes can lead to consumer confusion even if they are visually or phonetically distinct. Examples include 'Gluvita' and 'Glucovita' or 'Lakme' and 'Likeme', which might evoke related images or concepts in the minds of consumers.

What are the hidden costs? ›

Definition. Hidden costs involve obscuring or omitting additional fees, charges, or costs until the user is well into the purchasing or sign-up process. By that point, the user has already invested time and effort into the transaction and is more likely to proceed despite the unexpected costs.

How to identify hidden costs? ›

The first step to identify hidden costs in a sales contract is to review the contract carefully before signing it. You should read every word and understand every clause, especially those related to payment terms, delivery terms, warranties, liabilities, and dispute resolution.

What are potentially hidden costs? ›

Potentially hidden costs are those which are captured by accounting systems, but then lose their identity in 'overheads'. Contingent costs may be incurred at a future date – for example, costs for cleaning up. They are also referred to as contingent liabilities.

What is the deceptive design policy? ›

Deceptive Design: Moving Towards Trusted Design Patterns. Deceptive designs are built into website or app interfaces and can manipulate us into making choices we may not want to make. This Tech Policy Design Lab is exploring ways to curb these widespread practices and move us towards more trusted design.

What is a dark pattern in your own words? ›

A dark pattern (also known as a "deceptive design pattern") is "a user interface that has been carefully crafted to trick users into doing things, such as buying overpriced insurance with their purchase or signing up for recurring bills".

How to avoid confirm shaming? ›

5 Tips to Avoid Confirmshaming
  1. Gather evidence through user research and testing.
  2. Don't confuse snappy with shame-y.
  3. Prioritize concision and clarity.
  4. Provide clear opt-out options.
  5. Say the copy out loud.
Sep 22, 2021

What is an example of deceptive appearance? ›

In the same manner hyenas may appear to be smiling; and crocodiles as weeping, but both of them are very dangerous animals. A chameleon may also surprise you with its ever-changing colors. Since it has camouflage, it may deceive you to believe it is not there when actually it may be there.

Which is an example of deception? ›

Some forms of deception include: Lies: making up information or giving information that is the opposite or very different from the truth. Equivocations: making an indirect, ambiguous, or contradictory statement.

What is an example of a deceptive mark? ›

Deception is usually found where a mark suggests that the goods or services in question possess certain characteristics, which they do not. This could arise, for example, where a mark contains the words ANIMAL FREE but the specification of goods/services includes meat.

What is an example of deceptive and misleading information? ›

A common example of this is using the phrase “15% free” when increasing the volume of a product, if the price of the product has increased then the additional volume is not actually free. Another example is with a 'buy one get one free' offer.

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