In today’s digital world, businesses are constantly looking for ways to capture attention and drive consumer behaviour. While some marketing tactics are ethical and designed to benefit both brands and consumers, others manipulate users into making decisions they didn’t intend. These tactics are known as dark patterns, and while they may provide short-term gains, they can lead to long-term consequences for businesses. I recently had the opportunity to speak at the Canadian Email Summit 2024 in Toronto and I wanted to share some the key distinctions we explored during my session.
What Are Dark Patterns?
The term "dark patterns" was coined by UX designer Harry Brignull in 2010 to describe design strategies that deceive users into taking actions they wouldn’t otherwise choose. Unlike ethical design, which focuses on creating positive, transparent user experiences, dark patterns are aimed at confusing, tricking, or manipulating users, who are usually on a mission of their own.
Dark patterns can be subtle or overt, but they share a common goal: to benefit the business at the expense of the user’s informed decision-making.
While users may feel manipulated or frustrated, these tactics often help marketers boost key performance indicators (KPIs) such as clicks, conversions, and email sign-ups. However, as consumers become more aware and critical of these strategies, the long-term damage to trust and brand loyalty can outweigh any short-term KPI benefits, that do not always increase sales.
Think about this for a minute; if you select a KPI - clicks for example, and your campaign objective was to generate sales or leads, things can get quite messy when your focus shifts to number of clicks. Decisions start to shift to tactics that drive clicks instead of sales or leads. Real campaigns results decrease while we are chasing clicks. You are now doing things TO the prospect rather than FOR them. It happens right before our eyes.
We operate with simple filters. In this case, consider you have a brand piggy bank with every prospect and all that is ever going on is you are putting a brand chip in the bank, or you are cashing one in and removing it from the bank. With many of the Repellent Marketing tactics we are seeing, most brand piggy banks will soon be completely empty! An empty brand bank means those precious sales leads will not convert in the short-term. And brands start disappearing at a staggering rate.
Common Examples of Dark Patterns
Dark patterns come in many forms, but they typically fall into a few key categories:
- Misleading Subject Lines and Faking Urgency/Conditions
- Emails with sensational or clickbait subject lines, like "You’ve won!" or "Final hours to claim your prize!" are common examples. The goal is to entice users to open the email, but once they do, they often find irrelevant or exaggerated content. You set up high expectations and then intentionally do not deliver, just to get a click. This erodes trust over time, especially when the "urgent" offer remains available well after the deadline. And remember, building long-term relationships and driving business growth is the objective - not clicks.
- Hidden/Difficult Unsubscribe Links
- Making it difficult for users to unsubscribe from an email list is a classic dark pattern. Some marketers hide unsubscribe links in fine print, use confusing language, or design them in a way that discourages users from opting out. This leads to frustration and damages the brand's reputation when users feel trapped. Most enforcement bodies are complaint-based and this kind of activity encourages complaints. Don’t become the tall poppy in the Spam Centre.
- Consent Manipulation/ No Choice
- Many websites automatically opt users into email lists through pre-checked boxes or "forced consent," where access to certain content is conditional on subscribing. These tactics violate the principles of informed consent, especially when users are unaware that they’ve agreed to receive marketing communications. Over the years we have made it table stakes - download my white paper in exchange for your email address. Those days are gone. Simply give them a clear choice and see what they do. You are manipulating the stats to show more interest than the market has. You are setting yourself up for failure. There is a bonus to doing what’s in the best interest of your prospect; as you see your opt-in rates increase you will know your prospects are trusting you more. That’s real market feedback.
- Fake Personalization
- Some emails use recipients' first names or other personal details to create the illusion of personalization and exaggerating the relationship that may or may not exist, even though the message is mass-sent and generic. This tactic can feel disingenuous and creates the impression that the brand is manipulating personal data for superficial engagement or they are desperately chasing sales. People are not stupid (despite what we see on social media). They can recognize these carpetbagger tactics when they are used repeatedly.
- Difficult-to-Cancel Subscriptions
- One of the most frustrating dark patterns is the roach motel—a design that makes it easy for users to sign up for a service but incredibly difficult to cancel. Whether it's burying the cancellation option in layers of menus or requiring users to call customer service, this tactic preys on user fatigue and confusion.
- Manipulative Design Elements
- Some websites and emails employ deceptive design elements, like fake buttons or misleading pop-ups. For example, a "close" button may lead users to another action instead of exiting the window. Similarly, buttons that appear to offer options (e.g., "No thanks, I don’t want to save money") shame users into clicking on the intended action. Transparency and authentic choice wins the day.
- Email Bombing and Frequency Abuse
- Overloading a user’s inbox with constant emails or automatically re-sending unopened emails under different subject lines is a form of frequency abuse. This can lead to users feeling overwhelmed and irritated, potentially leading them to mark emails as spam. This is compounded by automated messages or triggered messages. Just sign up at cash desk of The Gap and see what happens. They will tell you it is “to email you a receipt”. Yea, right.
The Rise of Dark Patterns: A Widespread Problem
According to a Federal Trade Commission (FTC) report, the use of dark patterns has become more sophisticated in recent years. Tactics like disguised ads, hidden fees, and misleading urgency are on the rise, particularly in the realm of online subscriptions and e-commerce. In fact, a Deloitte report found that 76% of U.S. adults believe online subscription services intentionally make it difficult for users to cancel, while 92% said they would be more likely to switch brands as a result.
Many companies, from small startups to major corporations, have employed dark patterns to drive metrics like conversion rates and user retention. However, these tactics are increasingly under scrutiny from regulators and consumers alike.
In Canada, for instance, companies that employ dark patterns face the risk of penalties under laws like CASL (Canadian Anti-Spam Legislation) and Law 25 (formerly Bill 64), which mandates clear, informed consent in digital communications. In fact, The Dufresne Group Inc. was recently fined $3.25 million by the Canadian Competition Bureau for using misleading urgency claims and promoting inflated prices.
Why Do Companies Use Dark Patterns?
Despite the ethical concerns surrounding dark patterns, many companies continue to use them because they can deliver immediate “results”, depending what you call a result. In the competitive world of digital marketing, boosting metrics like click-through rates, subscription sign-ups, or time on page can make the difference between keeping your “marketing” job or not. I say “marketing” because I do not believe most of that activity is actually marketing. I believe it is Repellant Marketing. I believe you are paying to drive customers to your competitors.
However, dark patterns are classic tactics of repellent marketing—a term that describes strategies that alienate and frustrate customers. These tactics may increase conversions in the short term, but they erode consumer trust over time. As users become more aware of how they’re being manipulated, they’re more likely to switch to competitors, leave negative reviews, or disengage with the brand entirely.
The Long-Term Damage of Dark Patterns
The most significant problem with dark patterns is that they undermine the very foundation of successful marketing: trust.
According to an Edelman Trust Barometer survey, 67% of consumers must trust a brand before they feel comfortable purchasing its products or services. When customers feel deceived, they are less likely to return, leading to reduced customer lifetime value (CLV), increased churn, and reputational or brand damage.
Beyond the loss of consumer trust, companies that use dark patterns also face legal risks. Regulatory bodies, like the FTC and the European Union under GDPR (General Data Protection Regulation), are cracking down on companies that use deceptive tactics to collect personal data or lock users into subscriptions. The fines for violations can be substantial, as demonstrated by recent cases.
The Path Forward: Ethical Marketing and Building Consumer Trust
As marketers, it’s essential to recognize that short-term gains from dark patterns are not worth the long-term consequences. The future of successful marketing lies in transparency, authenticity, and ethical design. Here are a few steps companies can take to build trust and avoid the pitfalls of dark patterns:
- Adopt Transparent Design
- Clear, simple language in opt-in forms, easy-to-find unsubscribe options, and honest subject lines build consumer confidence and foster genuine engagement. Do not have your lawyer write your privacy policy. Let marketing do it. They understand your prospect better than anyone else in the organization. They also know how to communicate.
- Respect User Consent
- Avoid pre-checked boxes, gating good content or deploying manipulative tactics to gain email subscribers. People are not stupid. If your content is good, they are capable of finding you when it is time to buy. Slow down and ensure that users are fully informed about what they’re agreeing to, and make opting out as easy as opting in.
- Create User-Centric Experiences
- Prioritize the user’s needs and satisfaction over short-term KPIs. This means avoiding tactics that overwhelm, confuse, or trick customers. By delivering value and respecting their autonomy, brands can build long-lasting relationships. If you are using tricks to drive clicks, you are changing the valuable market feedback your peers use to move forward. Let it be honest and you will know where you stand.
- Be Transparent About Data Use
- Clearly communicate how personal data is collected, stored, and used. Better yet, don’t collect what you are not going to use in the next 12 months. Most brands do not use most of the personal information they collect. Offer users control over their data and allow them to easily manage their preferences. Then act accordingly.
- Focus on Long-Term Loyalty
- Rather than relying on manipulative tactics to drive immediate, short-term results, invest in strategies that promote long-term customer loyalty. Engaged, happy customers are more likely to return and recommend your brand to others.
Conclusion: Dark Patterns vs. Ethical Marketing
In the fast-paced world of marketing, it’s easy to prioritize short-term wins over long-term sustainability. However, the use of dark patterns is not just unethical—it’s bad for business. While these manipulative tactics may deliver quick “results”, they alienate customers, erode trust, and expose companies to legal and serious reputational risks.
The future of marketing belongs to brands that prioritize transparency, trust, and user-centric design. By moving away from dark patterns and embracing ethical strategies, companies can foster stronger, more meaningful relationships with their customers, ensuring success that stands the test of time.
