Fast fashion behemoth Shein got hit with a complaint alleging “dark patterns” manipulation, what are dark patterns?

While already feeling the strain from strict tariffs mostly targeting China, Shein a leader in the fast fashion marketplace has been dealt another blow as the European Commission notified them recently of concerns that their website and app are manipulating shoppers with the use of so called “dark patterns”. What does this mean?

Dark patterns or deceptive patterns are tricks used by websites and applications that are designed to get shoppers to do something they didn’t intend to do. Like signing up for a service, rushing them to check out before they’re ready, and trick wording as it relates to fees, data and more.

One notable case of dark patterns manipulation resulting in a penalty to a company utilizing such practices is the case of Epic Games (famed Fortnite developer) vs the FTC (Federal Trade Commission). The FTC ordered Epic Games to pay a fine of $245 million for claims that the company tricked players into making unwanted purchases (including children purchasing without their parents knowledge or consent).

So, what are some examples of dark patterns and how can consumers avoid them (and what recourse do you have if you think you’ve fallen victim)?

1. 1. Roach Motel

• • Description: Easy to sign up for a service but hard to cancel.
  • Example: Subscriptions that require calling customer service to cancel, even though you can sign up online instantly.

1. 2. Confirmshaming

• • Description: Guilt-tripping users into opting into something.
  • Example: A popup with options like:
    • ✅ “Yes, I want to save money”
    • ❌ “No, I prefer to pay full price”

1. 3. Hidden Costs

• • Description: Extra fees are added just before purchase.
  • Example: Tickets or online shopping carts that show a low price initially, but tack on fees or shipping costs at the last step.

1. 4. Forced Continuity

• • Description: Free trials that automatically turn into paid subscriptions without clear notice or reminders.
  • Example: You sign up for a “free 7-day trial,” but you're billed automatically because you weren't warned clearly or reminded.

1. 5. Trick Questions

• • Description: Wording that confuses users, often in checkboxes.
  • Example: “Uncheck this box if you do not want to receive marketing emails.”

1. 6. Preselected Options

• • Description: Options like add-ons or newsletter subscriptions are pre-ticked to push users toward choosing them.
  • Example: During checkout, boxes are already checked to add extra products or insurance.

1. 7. Bait and Switch

• • Description: The user sets out to do one thing, but something else happens.
  • Example: Clicking a “Download” button that installs unrelated software or takes you to a different page.

1. 8. Disguised Ads

• • Description: Ads that look like navigation buttons or content.
  • Example: A “Download” ad styled to look like a software download button on a file-sharing site.

1. 9. Nagging

• • Description: Constant prompts or interruptions that push you to complete a certain action.
  • Example: Apps that repeatedly prompt for a review or to enable notifications after you’ve already declined.

1. 10. Privacy Zuckering

• • Description: Tricking users into publicly sharing more information than they intended.
  • Example: Facebook-like settings where posts default to “Public” unless you explicitly change them.

If you think you’ve encountered (or fallen victim) to any of these examples of dark patterns, you can report the website or application either via your State Attorney General, through the FTCs fraud division at ReportFraud.ftc.gov, or to the Consumer Financial Protection Bureau (CFPB) at 855-411-CFPB (2372).

At Valley Techlogic we are staunch advocates for increased consumer awareness when it comes to online safety, and SAT (Security Awareness Training) is an included feature in all of our technology support plans. If you’re a California business owner and would like to learn more schedule a consultation with us today.

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