Have you ever felt pressured by a website? Perhaps a countdown suddenly expired, or a bright red banner claimed, "Only 1 room left!", even if you suspected it wasn't true. Or maybe you desperately searched for the cancel button to end a subscription, only to find yourself trapped in a maze of confirmation questions.
Such manipulative design tricks are known as dark patterns. They aim to push users into actions they didn't actually intend. Recently, dark patterns have increasingly come under the scrutiny of legislators and courts.
At the EU level, the new Digital Services Act (DSA) expressly prohibits these deceptive UX strategies. Regulations have also been tightened in German law, for example in the Unfair Competition Act (UWG) and the German Civil Code (BGB), to prevent manipulative design tricks.
This blog post explains common marketing tricks that fall into this category, from fake countdowns to hidden unsubscribe buttons. We also show how to design your user interface in a legally compliant and user-friendly way to avoid warnings and penalties. After all, a brief success through deception can quickly lead to expensive legal consequences and permanently destroy user trust.
What are "dark patterns"?
Dark patterns are manipulative design patterns found in user interfaces like websites and apps. They deliberately mislead users or urge them to take specific actions they would not have taken without this design nudge. Unlike good UX design, which helps users make informed decisions, dark patterns exploit psychological tricks.
Their goal is to force, for example, more sales, more data, or longer usage times. Typical dark patterns often play with time pressure, deception, or hidden controls. Since such methods usually work to the detriment of users, they are not only considered unethical but are also increasingly illegal.
The EU legislator explicitly banned dark patterns for the first time in Article 25 DSA. Online platforms may no longer design their interfaces in a way that distorts or significantly impairs the consumer's freedom of choice. This EU-wide prohibition has been directly in force since February 2024. German laws also contain rules against such misleading and undue influence, for example, in the Unfair Competition Act (UWG) and in consumer law.
It is important to note: not all convincing marketing constitutes a dark pattern. Permissible usability tricks ensure a good user experience without deceiving or forcing the user. Dark patterns, however, cross the line by creating a lack of transparency and mistrust. In the next section, we will examine which specific design tricks are considered prohibited dark patterns.
Common Dark Pattern Tricks and Their Prohibitions
A number of questionable tactics have become established in e-commerce and online marketing. These are now being targeted by regulatory authorities. Here are some of the most common dark patterns and how legislators assess them:
Artificial Scarcity: The "Only X Left" Trick
Shops suggest a low stock quantity or limited availability to create pressure to buy. If this information is not true, it constitutes misleading advertising. For example, it is considered deception under Section 5 (2) No. 1 UWG to present a product as almost sold out when plenty of stock remains.
Such false shortages can lead to warnings. The legal situation is clear: The Black List of Unfair Commercial Practices prohibits untrue claims about short-term availability that urge consumers to make hasty purchases. Genuine scarce stock may be communicated, but only if the information is accurate and not artificially created.
False Time Pressure: Deceptive Countdown Timers
The urgency trick works similarly. A ticking timer signals that an offer will end in X minutes, aiming to persuade the user to act immediately. This is legally problematic if the time pressure is merely feigned. A countdown must actually show the real remaining time; otherwise, it is a deception.
Similarly, a discount promotion may not be extended endlessly; such sham deadlines violate transparency requirements. Real time-limited offers are permitted, but not endless timers that simply reset (as some "Hurrify" plugins did before they were banned, for example).
Hidden Cancellation Channels: The "Roach Motel"
This follows the "easy in, hard out" principle. Companies make signing up for a contract or subscription effortless, but make canceling it extremely complicated. A classic example was Amazon's former Prime cancellation process, aptly named "Iliad" after Homer's epic, endless tale.
Users had to click through countless subpages, reject interim offers, and find well-hidden buttons to finally cancel their subscription. Such practices are not only user-unfriendly but now also illegal. In Germany, Section 312k of the German Civil Code has stipulated the "cancel button" since July 2022.
Consumers must be able to cancel contracts on websites with just a few clicks, as easily as signing them. If there is no clearly visible cancel button or if it is deliberately hidden, there is a risk of warnings. Even more seriously, the customer can terminate the contract at any time without notice. If you obstruct the termination process, you risk trouble with consumer protection agencies and, in the worst case, losing paying subscribers in one fell swoop.
Preset Checkboxes: Opt-Out Instead of Opt-In
Perhaps you have experienced this: during an online purchase, a checkbox for a newsletter or an additional paid service is automatically pre-ticked. You are only spared if you actively remove it. Such pre-ticked checkboxes have been used by resourceful marketers to obtain consent or additional sales that many users would not voluntarily give.
However, legally, the prohibition of tying and the principle of voluntary, active consent apply. A pre-ticked box does not count as valid consent. The Regional Court of Munich I clearly ruled this (judgment of 4.6.2018, 4 HK O 8135/17).
Users must actively give their consent themselves, for example, by deliberately ticking a box. Otherwise, there is no effective consent for newsletter advertising or additional costs. Companies that use hidden or unclear opt-in boxes can expect warnings under competition law and may even face fines in the area of data protection. EU consumer directives also prohibit additional charges slipped in via pre-set options. For founders, this means: avoid automatically activated boxes. Every extra service must be offered transparently and voluntarily selected by the user.
Misleading Buttons and "Trick Questions"
Another dark pattern involves deliberately confusing labels or dialogs that mislead the user. For instance, a gray "Continue" button might actually trigger a paid upgrade, while the free option is hidden in an inconspicuous link.
Or a pop-up might ask a suggestive question like "Do you really want to give up the great benefits?", with buttons labeled "Yes, secure benefits" and "No, I'm giving up voluntarily." Such confirm-shaming tricks attempt to influence the user with emotionally colored options.
From a legal perspective, this quickly enters unfair territory, specifically the deliberate concealment of contractual declarations. In Germany, for example, §312j BGB stipulates that an order button must be clearly labeled "zahlungspflichtig bestellen" (order with payment obligation) or similarly. Misleading labels are ineffective. As a general rule, buttons and options must be clearly and neutrally understandable.
If the "decline" option is deliberately hidden or formulated in a deterrent way (e.g., "No, I don't want to save any money"), this can be considered unlawful commercial influence. Cookie banners are a well-known area: it is not permitted to highlight the "Accept all" button in bold, while the "Reject selection" option is buried somewhere in the privacy settings. Both options (accept/reject) must be equally easily accessible and designed. Anything else violates data protection and competition law.
These are just a few examples. The range of dark patterns is wide, including intrusive pop-ups, hidden costs, and fake reviews. It is important to note that all of these tricks can be warned against if they deceive or unduly harass consumers. Clear laws have been introduced recently to curb such manipulation.
Of course, this realization is only slowly gaining ground. A recent study found that even after the dark pattern ban came into force with the DSA, all major apps and platforms examined still used manipulative designs. However, consumer associations and authorities are becoming increasingly active in cleaning up the mess.
Current Cases: How Authorities Are Taking Action Against Dark Patterns
Current cases, both domestically and internationally, demonstrate that dark patterns are not only banned in theory but also punished in practice. Both consumer protection organizations in Europe and the US Federal Trade Commission (FTC) have recently taken action against companies employing dark UX tricks:
Amazon Prime Under Fire
In June 2023, the FTC filed a complaint against Amazon, alleging that the company had lured consumers into Amazon Prime and prevented them from canceling. According to the FTC complaint, Amazon deliberately used manipulative interface designs – these same dark patterns – to entice millions of customers into ongoing Prime subscriptions without their express consent. The cancellation path was intentionally designed to discourage customers from canceling.
Amazon's management is even said to have actively prevented changes that would have made cancellation easier, for profit reasons. This case makes it clear that even industry giants face scrutiny for such practices. In Europe, Amazon pre-empted a similar procedure through cooperation. Following complaints from consumer associations, Amazon had to make its Prime subscription cancellable with just two clicks and introduce a clearly visible "Cancel now" button as early as 2022.
EU Justice Commissioner Didier Reynders made it clear: "Manipulative design or 'dark patterns' must be prohibited." Public pressure is working: Today, canceling a Prime subscription is much more user-friendly than before, a success for consumer advocates.
Epic Games / Fortnite: A Multi-Million Dollar Fine
Another prominent example is the video game provider Epic Games. It was accused by the FTC of using insidious dark patterns in its game Fortnite to entice players (including children) to make unwanted in-game purchases. The button assignment in the game was so confusing that even a single wrong button press led to unintentional purchases.
Additionally, children were able to make purchases in Fortnite without parental consent. Customers who complained to the credit card company about incorrectly debited amounts were blocked by Epic without further ado. The result: Epic Games had to pay an incredible 245 million dollars in fines and refunds in 2023. The authorities also issued an order requiring Epic to stop using dark patterns to enforce payments. This case was one of the clearest victories against dark patterns to date, demonstrating that such deceptive maneuvers can have serious financial consequences, even for big players.
Fashion Shopping Apps (Temu, Shein) Face Warnings
Consumer protection agencies are also cracking down in Germany. The Federation of German Consumer Organizations (vzbv) recently investigated manipulative designs in popular shopping apps such as Shein and Temu. The result: despite the new legal situation, numerous dark patterns were found.
The vzbv quickly sent Temu and Shein warning letters/requests to cease and desist. One specific example is the welcome procedure in the Shein app: new users were immediately bombarded with flashing pop-ups and time-limited discount offers to urge them to register. When attempting to close the window, a final attempt appeared, similar to "Are you sure you want to go? You could get coupons now!" This is a classic coercion pop-up designed to make leaving difficult.
Cookie banners are also in the sights of consumer advocates. German authorities and associations have repeatedly warned companies whose cookie consent windows violate the rules. For example, if the "Accept all" button is overly prominent, while "Reject" is hidden or only accessible via detours. This has resulted in warnings and even fines, as manipulative cookie banners are considered illegal under both data protection law (keyword: GDPR) and competition law.
The message is clear: dark patterns are no longer a trivial offense. Regulators worldwide, from the EU to consumer protection agencies and the FTC, are scrutinizing and cracking down. For companies, especially young start-ups, this means a considerable risk of warnings if they rely on such methods. There is not only the threat of legal costs but also a PR disaster if publicly exposed. In the next step, we will therefore look at how you, as a founder, can design your UX/UI in a legally compliant and user-friendly way to avoid falling into this trap in the first place.
Making UX/UI Legally Compliant and User-Friendly: Tips for Founders
The good news is that you can be successful without dark patterns. Often, you can be even more successful by gaining the trust and satisfaction of your customers. Here are some tips on how to design your website or app to comply with legal requirements and be perceived as fair by users:
Honesty About Availability and Offers
If you advertise scarce stocks or time-limited discounts, ensure this information is true. Only display "only 2 pieces left" if this is genuinely the case, and remove the notice as soon as supplies arrive. The same applies to countdown timers: use them only for real promotions that genuinely end, and do not simply reset the timer. Transparency pays off; customers quickly notice if an "offer ends in 00:00" is still available the next day, which undermines your credibility.
Create Urgency Without Deception
Of course, you can occasionally build anticipation or highlight limited deals. However, do so in a measured and accurate manner. Avoid formulations that stir up unnecessary panic. Instead of "Today only, then gone forever!!!", you could use more serious wording: "Promotion valid until date, while stocks last." If an offer was successful, it is absolutely legitimate to extend it if demand is high. But communicate this openly ("extended by 1 week due to high demand") instead of secretly setting a new deadline. Rule of thumb: Don't play tricks with facts.
Clear Cancellation Processes
Make it easy for your customers to cancel contracts or terminate subscriptions. Place a clearly visible "Cancel contract" button on your customer profile or footer, as required by law. Do not introduce unnecessary hurdles for termination; a maximum two-step process (click on cancel, then final confirmation) is entirely sufficient. Additional login details, telephone confirmations, or faxes are unacceptable today. A simple, transparent termination process protects you from warnings and shows customers your fairness. Remember: what good is a subscription kept by trickery if the frustrated customer never returns?
User-Centered Consent Mechanisms
Design opt-in options so that the user consciously agrees. Leave checkboxes empty by default and clearly formulate what consent is being given for (e.g., "I would like to receive the newsletter" instead of a nebulous "Stay informed"). Always use a double opt-in for newsletters or advertising to be safe. And offer an easy way to revoke consent at any time (e.g., an unsubscribe link in every email). This not only ensures legal compliance but also gains genuinely interested subscribers instead of those who accidentally ticked a box.
Clear and Neutral Button Labeling
Ensure your buttons are clearly labeled. Every action should be understandable for the user. Avoid double negatives or misleading button texts. If an action is subject to a charge, this must be clearly stated (keyword "order with payment" in the checkout). Make sure that alternative options (such as "decline", "no thanks", or "use basic version only") are immediately visible and accessible. If in doubt, make the call-to-action button conspicuous, but don't hide the alternative somewhere in the body text. Example: for a cookie banner, two equivalent buttons like "Accept all" and "Only necessary cookies" show you respect freedom of choice. This is a subtle yet significant difference from banners that hide the reject link in gray on gray, which is expressly prohibited.
Avoid Annoying Pop-ups
Use pop-ups and overlays sparingly and carefully. A newsletter or discount pop-up on the first visit can be acceptable, as long as it is easy to close and does not reappear immediately. Avoid cascading pop-ups (one window after another) and respect the user's "no". If someone dismisses an offer, accept it instead of asking "Are you sure? Really sure?". Overly aggressive pop-ups may even be legally prohibited as unreasonable harassment. Also, consider mobile users: nothing is more annoying than a phone screen overlaid by difficult-to-close windows. Less is more; concentrate on targeted messages that offer value instead of driving users away with constant pop-ups.
Build Trust Through Transparency
Perhaps the most important piece of advice: build on trust instead of tricks. A company that treats its customers openly and fairly will benefit from customer satisfaction and recommendations in the long term. Dark patterns may increase conversion rates in the short term, but they cause damage in the long term, not only legally but also to your image. Studies show that users become frustrated and lose trust in a brand if they feel tricked. In contrast, transparent, ethical design decisions strengthen customer loyalty. If your UX signals "We have nothing to hide and you remain in control," users will be happy to return and remain loyal.
In conclusion, when in doubt, it is better to avoid dark patterns. Even if some practices still appear legal, optimizing at the expense of users is not worthwhile. Legislation continues to evolve; what is a gray area today may be illegal tomorrow. The next wave of warnings is sure to come for those who believe they can increase turnover through tricks. Sustainable business success is better achieved through honesty, user-friendliness, and legal compliance.
Conclusion
Dark patterns are tempting; they promise fast completion rates, more newsletter subscriptions, and increased sales. However, the price is high. Users feel deceived, trust is lost, and there is now the threat of tangible legal consequences, ranging from warning letters to multi-million dollar fines. As the founder of an online business, you should take these warning signs seriously.
The EU and Germany have tightened regulations to prohibit manipulative UX tricks. Fake countdowns, hidden unsubscribe buttons, preset checkboxes, and similar tactics can lead to significant trouble today, and they are simply no longer acceptable. However, online platforms can choose to operate ethically.
The good news is that you can create successful user experiences without deception. Focus on clarity, truth, and simple, customer-friendly processes. Not only will you avoid the risk of warnings, but you will also gain the trust of your users. A disappointed customer who senses a trap won't return quickly, while a satisfied one will happily stay and recommend you to others. With this in mind, let's work together to make dark patterns a relic of the past. A fair web is not only in the interest of consumers but ultimately also the foundation for the sustainable success of online companies.