Chapter 23: Harm to groups in society

If we zoom out to a societal level, an important impact of deceptive patterns is that they target some groups in society much more than others – vulnerable groups. This is particularly problematic because those who suffer most often are not in a position to speak up about it, so it can be rather hidden. The disparate impacts on vulnerable groups also makes this an equity issue, exacerbating the problems they already face in life.

Broadly speaking, most deceptive patterns operate by exploiting human cognitive limitations. This means that people who have greater cognitive limitations are more vulnerable than others. Here are some of the types of vulnerable groups that are impacted by deceptive patterns.

People who suffer from time poverty

If someone doesn’t have time to read things and carefully apply their critical thinking skills, they’re more likely to be caught out by a deceptive pattern. Then, if they are caught out, they need to find the time to complain, return items, get a refund, or rectify the problem in some way. Consider the difference between a wealthy individual who has a four-day working week and no dependents, and a low-income parent who works three jobs and has to care for their three young kids and a sick elderly parent. It’s quite obvious that if they realise they are caught out by a deceptive pattern, the first individual will much more easily find the time to remedy the situation, while the latter may never find the time, and might have to simply swallow the loss.

People with low education levels

Deceptive patterns work by targeting our perception, comprehension and decision-making capabilities. If someone is not good at dealing with complex sentences or numbers, they have to place their trust in the website or app, which makes them very vulnerable to manipulation. In 2021, researchers Lugiri and Strahilevitz carried out a series of experiments involving 3,932 participants, and found that the less-educated individuals were significantly more susceptible to mild deceptive patterns than their well-educated counterparts.¹

People with low income

In their 2022 staff report, the FTC argued that people with low income may use mobile devices as their primary means of accessing the internet.² The small screens on these devices cause information to be hidden, necessitating a large amount of scrolling, making these users vulnerable to deceptive patterns. The report explains: ‘such dark patterns may have a differential impact on lower-income consumers or other vulnerable populations who are more likely to rely on a mobile device as their sole or primary access to the internet.’

Second language learners

After someone migrates to a new country, it can take them a while before they learn the local language fluently, and some people don’t ever become proficient. Most countries have citizens who use many different languages. The less common languages are often not well supported by businesses or governments. If someone uses a less common language and is not yet fluent in their country’s first language, they become isolated and vulnerable.

People with cognitive disabilities

Individuals with cognitive disabilities often rely on trusted helpers to manage their affairs since they are unable to perform complex reasoning and decision-making activities on their own. However, sometimes they do not have this help, and that makes them vulnerable.

Young and old people

Since children have not yet reached cognitive maturity, and older people often suffer from cognitive decline, they make easy targets for manipulation and deception. For example, in a 2011 study of fraud victims, AARP found that the average age of victims of investment fraud was 69 years old, and victims of lottery fraud was 72 years old.³ Although it’s common for legal safeguards to exist for these groups, this may not be enough to help them avoid deceptive patterns.

Contextual vulnerability

Although not strictly a group in the sense used above, we all become more vulnerable in certain situations. For example, you’ll perform better in a test if you have slept well and you’re able to concentrate. The same applies to dealing with exploitative content that does not have your best interests in mind. Real life is full of compromising contexts. Doing an activity while holding a crying baby in one arm, or while on a bumpy bus ride home after a fourteen-hour shift means that you become distracted and tired, so your cognitive capabilities drop and you will become more vulnerable.