When CX Deceives: Leadership, Dark Patterns, and Ethical Responsibility
- Stephanie Thum, Ph.D., CCXP
- 23 hours ago
- 2 min read
Dark patterns have been all over the news lately.
Last week, Facebook, Instagram, and YouTube were held liable for negligent design choices (think infinite scroll and autoplay) that harm customers’ mental health.
Over the past few years, we’ve also seen:
Fortnite’s $520 million fine due to game design choices, its approach to customer interactions outside of game play, and violations of children’s privacy laws.
Amazon’s $2.8 billion settlement over hard-to-cancel Prime subscriptions.
HP’s public shaming for deliberately frustrating its call center customers.
Adobe’s class action lawsuit over deceptive subscription renewals and hidden termination fees.
Dark patterns are deliberate, manipulative customer experience design choices that exploit friction, fatigue, or confusion to steer customers’ behavior in ways they might not otherwise choose. Ultimately, those design choices benefit the organization offering them up. Not the customer.
Dark Patterns are Everywhere
I write about these cases and speaking about CX ethics because dark patterns are fundamentally a CX ethics issue. For years, I’ve argued that CX must expand to include moral responsibility, not just business efficiency or customer retention.
One big thing to keep in mind as this topic comes to the forefront: dark patterns aren’t limited to screens.
Dieselgate: The Mother of All Dark Patterns
Remember Dieselgate? It was the mother of all dark patterns.
In 2015, Volkswagen admitted it had installed software in diesel vehicles to cheat emissions tests.
Drivers believed they were buying clean diesel vehicles, but the engines emitted pollutants far beyond legal limits. The deception was a multi-year conspiracy tied to aggressive sales goals. Government evidence suggested multiple company leaders knew about it.
Real world dark pattern, massive scale.
Casinos: Physical Dark Patterns in Action
Ever been to a casino?
Casinos have been using dark patterns for decades. Floor layouts, lights, sounds, and even the placement of ATMs are all meant to keep people playing and spending longer than they might intend.
What It Looks Like for CX Leaders to Care
Dark patterns emerge wherever organizations can influence behavior for their own gain.
So, what now?
Research suggests dark patterns don't show up in customer charters or codes of conduct.
They’re almost never part of CX maturity models. Maybe they should be.
The biggest lesson for CX professionals venturing into this territory is simple: dark patterns don’t design themselves. Focus only on screens, and you’ll miss the point.
People design them, and leaders are ultimately responsible.
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