The line between persuasive design and illegal deception is at the center of a federal trial against Amazon. The U.S. government is arguing that the company crossed that line with its Prime subscription service, using manipulative “dark patterns” and a complex cancellation process to trap consumers.
The Federal Trade Commission alleges that Amazon’s checkout interface was engineered to trick customers into signing up for Prime. By using prominent placement for the “subscribe” button and making the alternative hard to see, the company allegedly exploited user psychology to drive enrollments, many of which were unintentional.
The lawsuit also takes aim at the “Iliad” cancellation flow, a system the FTC says was intentionally designed to be a frustrating ordeal. The government claims this was not simply poor user experience design but a deliberate business strategy to retain subscribers by making it too difficult for them to leave.
This trial is a landmark case in the burgeoning field of digital consumer protection. It is part of a broader government effort to apply long-standing consumer laws to the unique challenges of the online world, where design choices can have a massive impact on consumer behavior.
Amazon denies the charges, asserting that its user experience has always been designed to serve the customer. The company’s defense is that it was merely presenting a valuable offer in an effective way, not deceiving anyone. The jury will be asked to review internal documents and decide where persuasion ended and deception began.
