The Rising Response to “Dark Patterns” – Lessons from New Regulations and Enforcement Actions by Global Regulators

Introduction

“Dark patterns” have become increasingly prevalent as a source of concern for consumers, particularly in e-commerce sites and mobile platforms. Dark patterns are user interface designs that manipulate users into taking actions they did not intend to, such as buying products, signing up for services, or sharing personal data. Regulators are thus ramping up their efforts to act against the use of dark patterns with the introduction of more targeted regulations, as well as the pursuing of enforcement actions, across numerous jurisdictions.

With businesses now inevitably having a measure of online presence, it is vital to be aware of what may constitute dark patterns and what obligations have to be observed. As the full framework for dark patterns is in the process of development, it is useful to take a bird’s eye view of how major jurisdictions are dealing with this issue, and the guidance provided by recent developments.

In this Update, we take a look at enforcement against dark patterns in: (i) Singapore; (ii) the United Kingdom (“UK“); (iii) the United States of America (“US“); and (iv) Australia. This includes an assessment of the key aspects of new and proposed regulations and guidance, as well as the trends in regulatory enforcement. Drawing from these developments, we consider the implications for businesses and recommend steps to be taken to avoid inadvertent breaches.

Businesses in Singapore should be alive to the potential risks in their user interface practices and should ensure that such practices are duly reviewed and advised upon to ensure compliance with consumer protection obligations. This is especially vital against the backdrop of the Competition and Consumer Commission of Singapore (“CCCS“) identifying dark patterns as an enforcement priority, having taken action against a number of Singapore businesses. Parties wishing to conduct a consumer protection compliance audit may feel free to contact Rajah & Tann for further information.

Singapore – Dark Patterns as an Enforcement Priority

In Singapore’s context, CCCS has identified dark patterns as an enforcement priority, as highlighted in recent public statements and enforcement actions.

Notably, CCCS has taken action against businesses for the use of dark patterns in the following cases:

1. Website and mobile application features: CCCS raised concerns regarding an online travel platform for problematic features on its website and mobile application relating to its accommodation search and booking services, such as misleading scarcity or popularity prompts. While the platform has since voluntarily made the necessary changes, CCCS highlighted that the use of user interface features by businesses which may mislead or even deceive consumers can be considered unfair trade practices under Singapore’s fair trading laws.

2. Fake reviews: CCCS took action against businesses for publishing artificial intelligence (“AI“)-generated fake reviews on their websites and on marketplace listings. CCCS highlighted that firm action will be taken against the use of such dark patterns to boost ratings and popularity.

3. Subscription traps: CCCS took action against an e-commerce retailer for “subscription trap” practices, in which the retailer had not sufficiently disclosed key information to consumers, misleading them into purchasing a membership subscription with recurring monthly fees. CCCS obtained a court order prohibiting the retailer from such practices, highlighting that subscription traps contravene consumer protection law.

For more information on the above, please see our August 2025 Legal Update on “Consumer Protection Enforcement and Regulatory Updates in Singapore“.

CCCS has also issued general guidance on the identification and avoidance of dark patterns in digital interfaces, highlighting the following practices:

1. Fake reviews: Manipulating user reviews or presenting them in a certain way to influence consumers in their perception of the product.
2. Fake ranking: Presenting certain product options to look more appealing or superior to nudge consumers into choosing them.
3. Sneak into basket: Adding items or subscriptions to the consumer’s shopping cart without clearly telling them (e.g. using pre-ticked boxes).
4. Subscription trap: Making it very easy to start a subscription but making it unnecessarily difficult or confusing to cancel.
5. False urgency: Pressuring consumers into making purchases through urgency or scarcity claims (e.g. time-limited offers or indications that the consumer will lose out if they do not buy immediately) without reasonable basis.
6. Hidden costs: Hiding costs such as mandatory fees behind unnecessary and lengthy purchasing processes to make it difficult for consumers to make well-informed purchasing decisions.

UK – Expanded Powers against Infringements

In the UK, landmark new consumer protection provisions have been introduced under the Digital Markets, Competition and Consumers Act 2024, giving the UK Competition and Markets Authority (“CMA“) an expanded scope of power to enforce consumer protection laws. In particular, CMA is now able to directly determine the infringement of relevant obligations rather than litigating through the courts, and to tackle any breaches directly, including through consumer redress and fines.

To provide clarity on the implementation of the new regime, CMA has published an “Approach to Consumer Protection”, which sets out likely priority areas of enforcement and compliance activity. This covers conduct which is more harmful to consumers, including the following dark patterns:

1. Drip pricing: This refers to fees that are hidden until late in the buying process.
2. Fake reviews: This includes fake customer reviews, reviews that conceal the fact they have been incentivised, and publishing reviews in a misleading way.
3. False or misleading information: This refers to the provision of information to consumers that is false or misleading, such as unfair online choice architecture.

CMA has indicated that its next steps would include opening enforcement cases under the new regime, focusing on more egregious breaches of the law, such as those set out above.

US – Pursuing Enforcement Actions in Court

The US Federal Trade Commission (“FTC“) has brought proceedings against a major online retailer for violations of consumer protection law. FTC alleged that the defendant used dark patterns to cause consumers to enrol in an automatically-renewing membership service, while employing cancellation processes that created friction for subscribers seeking to end their membership. The defendant has asserted that its practices align with industry norms.

While the matter is still ongoing, the US Federal Court has recently issued a decision determining that:

1. The company had violated the Restore Online Shoppers’ Confidence Act (“ROSCA“) by collecting payment information from subscribers before clearly disclosing all material terms of the subscription;
2. Two identified executives would be liable for any violations that FTC proves at trial; and
3. The company would be precluded from arguing that ROSCA did not apply to the relevant signups.

By way of background, ROSCA sets out three core requirements for negative-option or auto-renewal offers:

1. Clear and conspicuous pre-payment disclosures;
2. Express informed consent; and
3. A simple mechanism for cancellation.

The case is set for trial in 2026 and could establish precedents regarding the use of dark patterns and digital manipulation, particularly in subscription-based models.

Australia – Proposed Laws against Unfair Trading Practices

In late 2024, the Australian Treasury conducted a public consultation on the Government’s proposal to prohibit unfair trading practices under the Australian Consumer Law in order to address potential gaps created by, among others, the increasing complexity of online marketplaces and evolving business practices, particularly digitally enabled commerce. While still pending implementation, the proposals seek to introduce prohibitions against certain unfair trading practices, with a distinct focus on dark patterns.

The consultation paper highlights unfair trading practices targeted by the proposed laws, including the following dark patterns:

1. Subscription-related practices: This includes (i) not providing customers with the material information they need to make informed decisions about a subscription; (ii) practices which make it difficult for customers to cancel their subscription; and (iii) subscriptions which quietly renew or automatically rollover from a free trial to a paid or full price subscription.

2. Drip pricing and hidden fees: This includes gradually adding extra fees and charges during the purchasing process.

3. Online account requirement: Some online retail may require consumers to provide personal information before making a purchase, which can result in the disclosure of more personal information than is reasonably necessary.

4. Other dark patterns: This includes: (i) taking advantage of the information asymmetry in a way that may unfairly influence consumers’ decision making; (ii) nudging users towards consenting to more privacy-intrusive practices; (iii) adding complexity and obstacles that frustrate and exhaust consumers; and (iv) exerting unreasonable pressure on consumers during a purchase.

The consultation paper proposes the imposition of a general prohibition as well as specific prohibitions. For the general prohibition, it seeks to cover unfair trading practices that unreasonably distort or manipulate the economic decision-making or behaviour of a consumer. This may include: (i) the omission of material information; (ii) the provision of material information in an unclear or ambiguous manner; and (iii) design elements in online consumer interfaces that unduly pressure, obstruct or undermine a consumer in making an economic decision.

For the specific prohibition, the consultation paper proposes to cover specific problematic conduct, including the following dark patterns: (i) subscription-related practices; (ii) drip pricing; and (iii) online account requirements.

Recommended Steps for Compliance

As can be seen, the global focus in the field of consumer protection is squarely directed toward combating the use of dark patterns to manipulate consumers. In light of heightened global enforcement, businesses in Singapore should expect continued scrutiny of consumer practices, particularly regarding potential user interface manipulation, as well as subscription and auto-renewal flows.

The trends in regulations and guidance introduced by the above regulators, as well as the enforcement actions taken, provide a slew of information regarding behaviour that may be regarded as dark patterns or otherwise deemed to be unfair trading practices. Extracting and synthesising the relevant principles, businesses may wish to keep the following tips in mind to avoid lapses in compliance, particularly if they operate marketplaces or offer subscriptions.

1. Conduct regular reviews of user interface practices: Businesses should routinely assess their websites, mobile applications, and digital platforms to identify and eliminate any features that may mislead, deceive, or unfairly influence consumers. This includes reviewing prompts, notifications, and the overall design of purchase and subscription flows. 

2. Ensure transparency in information disclosure: All material information (such as pricing, subscription terms, cancellation policies, and additional fees) should be presented clearly and conspicuously before consumers make a decision or provide payment information. 

3. Avoid manipulative design elements: Refrain from using design tactics that pressure or nudge consumers into making unintended choices. Examples include pre-ticked boxes and false urgency claims (e.g., misleading scarcity or time-limited offers).

4. Implement simple and accessible cancellation mechanisms: Make it easy for consumers to cancel subscriptions or memberships. Avoid creating unnecessary friction, obstacles, or confusing processes.

5. Prohibit and monitor fake reviews and rankings: Do not publish or incentivise fake reviews, AI-generated testimonials, or misleading rankings. Ensure that all consumer feedback presented is genuine and transparently disclosed if sponsored.

6. Disclose all costs upfront: Avoid drip pricing and hidden fees by ensuring that all mandatory charges are disclosed early in the purchasing process. Consumers should be able to make well-informed decisions without encountering unexpected costs at checkout.

7. Limit unnecessary data collection: Do not require consumers to provide more personal information than is reasonably necessary for a transaction. Be transparent about data collection practices and obtain informed consent for any privacy-intrusive features.  

8. Provide clear and unambiguous choices: Design choice architecture so that consumers can easily understand their options and the consequences of their decisions. Avoid presenting information in a way that is unclear, ambiguous, or likely to distort consumer decision-making.

9. Stay informed of evolving regulations: Monitor regulatory developments and enforcement trends in relevant jurisdictions. Update internal policies and practices in line with new laws, guidance, and enforcement priorities related to dark patterns and unfair trading practices.  

10. Train staff and developers on compliance: Educate employees, especially those involved in product design, marketing, and customer service, about the risks and obligations associated with dark patterns.

By following these steps, businesses can reduce the risk of inadvertently breaching consumer protection laws and build trust with their customers through fair and transparent practices.

As part of the compliance process, businesses may wish to conduct thorough reviews of their user experience patterns to identify any potential practices that may be considered dark patterns, as well as other consumer protection risks, and to make the necessary corrections. The Rajah & Tann team can assist in undertaking audits of the online user experience flows against the relevant standards, as well as brick and mortar audits of consumer engagement practices, to ensure compliance moving forward. The team is also well placed to provide advice on related consumer protection issues and on any existing and intended consumer-facing practices. For further queries, please feel free to contact our team set out on this page.