Fairness by design: avoiding dark patterns

Right Brain: What's happening in Design

What once looked like smart conversion design now looks a lot more like avoidable risk

Dark patterns are interface choices that push users toward decisions they didn’t intend to make. Making “accept all” prominent and “reject” hard to find. Burying cancellation flows behind multiple screens. Using ambiguous copy to obscure what a user is actually agreeing to. The US government’s 2024 court case against Adobe brought one high-profile example into public view, but the practice is widespread.

What’s changing is how these choices are being judged. Dark patterns are no longer treated as a UX problem or a moral debate. They are becoming a regulatory and reputational risk, with real legal consequences.

For UX teams, that shift has a practical implication. Nudging users toward plan upgrades, free trials or notification permissions can no longer be treated as straightforward marketing. These flows are now subject to legal scrutiny and public backlash. The more sustainable approach is fairness by design: clear choices, balanced visual weight, honest labels and a user journey that doesn’t penalise people for saying no.

A useful test: if a user would feel tricked explaining their decision to a friend, the design needs to change. Make consent and cancellation as easy as sign-up. The result isn’t just lower legal risk; it’s higher trust, and trust compounds into confidence and loyalty over time.

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