Amit Zac and others, ‘Dark Patterns and Online Consumer Vulnerability’

ABSTRACT
Dark patterns that manipulate consumer behaviour are now a pervasive feature of digital markets. Depending on the choice architecture utilised, they can affect the perception, behaviour and purchasing patterns of online consumers. While dark patterns have found to be highly effective in influencing consumer behaviour, existing research offers inconclusive insights as to which consumer groups are most susceptible to manipulation and thus in need of protection. Using a novel empirical design, we test the susceptibility of different groups to a range of dark patterns. We find strong evidence that individuals across all groups are susceptible to dark patterns, and only weak evidence that user susceptibility is materially affected by commonly used general proxies for consumer vulnerability (such as income, educational attainment or age). Our conclusions provide empirical support for broadly based consumer protections against the use of dark patterns, such as those contained in the EU’s Digital Services Act. Our study also finds that added friction, in the form of required payment action following successful deployment of dark patterns, reduces their effectiveness. This insight highlights the instances in which dark patterns would be most effective –when no further action is required by the user, or when payment details are already in possession of the online provider.

Zac, Amit and Huang, Yun-Chun and von Moltke, Amédée and Decker, Christopher and Ezrachi, Ariel, Dark Patterns and Online Consumer Vulnerability (August 22, 2023).

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