Fall 2023 class assignment for 601 Foundations of Information

Understanding, Mitigating, and Advocating for Responsible User Experiences

Introduction

The pervasive use of dark design patterns in the dynamic realm of digital design is causing interest and concern. This paper explores a complex field of dark design patterns while shedding light on these methods' origins, dissemination, legal implications, and user impact. This narrative aims to educate readers about the deceptive nature of these patterns and explain how, as a UX designer, to accurately and deeply recognize dark design patterns and create user-centric designs.

The digital society has crafty design strategies that influence the user's decision-making process and raise ethical issues. In this narrative, we will explore the depth of this problem around aspects such as the dissemination of e-commerce, legal consequences, and user perception research. Through this report, readers can expect to gain an essential awareness of real-world recommendations for exploring the ethical landscape of UX design and the problems caused by dark design patterns. The narrative wants to give UX designers the knowledge they need to create user-centric designs that prioritize transparency, trust, and ethical considerations in the digital realm.

Dark Design Patterns

The terminology and concepts of Dark Design Patterns were first introduced in 2010 by Dr. Harry Brignull. Dr. Brignull defines these patterns as "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" (Brignull, 2010). Research by Mathur et al. (2019) indicates that approximately 11% of e-commerce websites employ these deceptive strategies, highlighting their ubiquitous presence in the digital landscape. The decision-making of users and the financial impact of dark design patterns underscore the urgent need for UX designers to address these challenges. As users navigate digital interfaces, the deceptive nature of these patterns can significantly influence their choices, emphasizing the critical role of UX designers in mitigating the adverse effects.

Maier and Harr (2020) conducted a study to explore how users perceive and interpret dark design patterns. This shows that users tend to accept and normalize deceptive behavior in a digital environment despite knowing operational techniques. The study results highlight the need for designers to use ethical considerations, as it is essential to prioritize user well-being in the evolving environment of dark design patterns and to understand user perceptions to create interfaces that conform to ethical principles.

To explain the impact of the dark pattern, take my personal Amazon Prime subscription cancellation experience as an example. The unsubscribe process, which confuses which buttons to press to cancel a subscription using identical-looking buttons, urges consideration of the emotional impact of dark patterns. This case highlights how confusing design elements, such as similarly designed buttons, can lead to user frustration and emphasizes the need for ethical considerations in UX design.

In the legal realm, New York's Consumer Fraud Act (Article 349) significantly addresses deceptive design practices. This statute aims to prohibit deception and cheating in business or services within the state. This requires the Department of Justice to take legal action against violators while providing individual lawsuits to affected individuals and stipulates enhanced damages for deliberate violations. Many of these laws already exist, highlighting that companies using deceptive design patterns could face potential repercussions.

Ethical Considerations in UX Design

Ethical considerations in UX design are pivotal in shaping a better user experience and influencing individual decisions. This section emphasizes the significance of prioritizing user well-being and trust, enriching theoretical understanding through real-world case studies, and highlighting the severe consequences of ethical setbacks for businesses.

To underscore the importance of ethical considerations, we examine the infamous case of Cambridge Analytica, where the unauthorized collection and exploitation of personal data from millions of Facebook users for political purposes revealed a blatant disregard for ethical principles of user privacy and design practices (Shipman & Marshall, 2019). This incident serves as a stark reminder of the potential consequences of neglecting ethical considerations in the design process.

Expanding on the theme of ethical lapses, we delve into additional examples, such as Epic Games and Grubhub. It was showcasing the disastrous consequences of unethical practices. Epic Games faced a $245 million fine by the Federal Trade Commission (FTC) for using tricks that led players into unintended purchases and allowed children to accumulate charges without parental consent. Grubhub was fined $3.5 million, misled users with "free" online orders, and falsely advertised "unlimited free shipping" to Grubhub Plus subscribers. These examples highlight companies' legal ramifications when introducing dark design patterns. Also, it underscores the need for trust and prioritizing ethical considerations in UX design.

To illustrate the positive impact of transparent and clear ethical design, we turn to the case study of Blinkist (Tissier, N., 2022). The company successfully transitioned to a subscription model, addressing user complaints and concerns. Blinkist, which now offers audiobooks with over 20 million users, received many complaints four years ago from users who forgot to unsubscribe during the free trial. Blinkist solved this problem by making two significant design changes. First, they changed the onboarding screen to a strategy that prioritizes addressing the user's biggest concern: forgetting to cancel the subscription during the trial period. They have correctly stated that users will receive a notification three days before the free trial ends. Although they did not include anything that promoted the feature, they were able to increase our subscription by 23% with clarity and transparency. Secondly, they implemented clear and transparent push notifications. Recognizing that clarity and transparency build trust, Blinkist clarified the transition explicitly from free to paid subscription through push notifications, reducing users' fear of uncertainty. Blinkist aimed to positively motivate users and encourage continued engagement by reliably communicating subscription changes. This approach significantly increased the push notification opt-in from 6% to 74% and reduced complaints by 55%. This case exemplifies how ethical design practices can contribute to customer trust, continued growth, and improved loyalty.

The broader perspective is reinforced by data from Industrial Weekly, indicating that the world's most ethical companies outperform large sectors by 14.4% in five years and 10.5% in three years. This data emphasizes the business benefits of ethical design, positioning it as a moral choice and a strategic advantage for companies.

Recommendations: Navigating the Ethical Landscape of UX Design

UX designers play a pivotal role in shaping the interaction of a product or service for users, so they are responsible for prioritizing ethical considerations. What UX designers can do to mitigate the effects of dark design patterns is covered in this section: Stay Informated and Alert, Advocate for Ethical Design, and Priority User Empowerment.

Stay Informed and Alert

UX designers play a crucial role in shaping the interaction of products or services for users, necessitating a proactive approach to stay informed and alert to the evolving landscape of dark design patterns. The digital realm is dynamic, and designers must be vigilant about deceptive design strategies. A valuable resource for addressing these challenges is www.deceptive.design, a website founded by Dr. Harry Brignall and now managed by legal scholars. This website serves as a repository for insights into ever-evolving and changing dark design patterns, offering materials that enhance designers' awareness and ability to practice ethical design. It also provides helpful materials to help designers avoid unintentional practices of deceptive practices. By staying informed, designers can pursue a user-centric principle and create transparent digital experiences prioritizing user well-being.

Advocate for Ethical Design

Given their role in creating and managing seamless user experiences, UX designers carry the responsibility to advocate for ethical design principles. Designers should be principled and responsible, even in the face of potential pressure to implement dark design patterns due to company or project decisions. While implementing such patterns is not simple or easy, UX designers must be aware of the legal impact and potential harm to businesses caused by damaging user trust. Through improvements in communication skills, UX designers can foster a corporate culture that meets legal and moral needs and prioritizes ethical design. Designers can contribute to shaping ethical organizational values by advocating transparency and user-centric principles.

Prioritize User Empowerment

UX designers should prioritize user empowerment as a guiding principle when designing interfaces. Clear identification of information and creating user-friendly choices without unnecessary deceptive impact is essential. Transparency in communication is crucial, and the design outcomes must guarantee a commitment between the enterprise and the user, fostering trust and validating user-centric design. Beyond maintaining ethical standards, the constant pursuit of user empowerment enhances the overall quality of the digital experience. As administrators of the user experience, UX designers must create a culture that prioritizes user needs and concerns, shaping positive interactions and contributing to the advancement of ethical and user-centric digital design practices.

Conclusion

In examining dark design patterns and their impact on user experience, it becomes evident that the digital world is rife with challenges and ethical considerations. Supported by real-world examples, the theories provide a comprehensive understanding of how manipulative design practices affect users and the broader implications for businesses.

As UX designers, our responsibility extends beyond crafting visually appealing and functional interfaces. It involves a conscientious commitment to prioritize user well-being, establish trust, and balance business goals and ethical considerations. The case studies featured in this paper serve as poignant reminders of the tangible consequences—financial, reputational, and legal—that companies face when ethical lapses are disregarded.

The recommendations in this exploration serve as a guide and a call to action for UX designers to engage actively in discussions surrounding ethical design. By integrating ethical considerations at every phase of the design process, consistently reviewing and adapting interfaces, and advocating for user-centric practices within organizations, designers can contribute to a digital environment that values transparency, user empowerment, and enduring trust.

In essence, this exploration underscores the transformative power of ethical design, positioning it not only as a moral imperative but also as a strategic advantage. As we navigate the ever-evolving digital landscape, let these insights inspire a collective commitment to shaping user experiences that are seamless, engaging, and, most importantly, ethical and empowering. The journey toward a user-centric and ethically sound design ethos is ongoing, and it is through shared understanding and deliberate actions we can pave the way for a more positive and sustainable digital future.