Now regulators have stepped up their war on what they call “dark patterns” — menu after menu of confusing options aimed at maximising spending and deterring cancellations. That’s needed, as companies use data mining, algorithms and sophisticated artificial intelligence to suck customers in and keep them sweet.
The US Federal Trade Commission sued Amazon last week, contending that it had “tricked and trapped people into recurring subscriptions” to its Prime service. It followed up this week by making Publishers Clearing House repay $18.5mn to customers who had been lured into making purchases and paying fees while entering its sweepstakes.
“We are really trying to send a message that these types of practices have caught our attention and will not be tolerated,” a senior FTC official told me.
In the EU, pressure from Brussels led Amazon to begin allowing customers to end their Prime subscription with just two clicks using a clearly labelled “cancel” button.