DARK PATTERNS CONSULTANT
Are deceptive design patterns lurking on your website?
Let’s blitz them.
Together, we can harness the marketing power of ethical design.
WHAT ARE DARK PATTERNS?
Dark patterns are the sneaky online tricks that cause you to do something you didn’t intend. If you’ve ever experienced frustration when online, the chances are you’ve encountered a dark pattern.
- The extra item added to your shopping cart without your knowledge.
- The countdown timer that creates urgency to buy, only to restart after you’ve handed over your money.
- Being automatically subscribed to something, then finding it almost impossible to opt out.
- Important information buried deep in a website where you’d never think to look for it.
It’s an ever-increasing list and governments all over the world are passing laws to regulate and ban dark patterns.
And Australia looks set to do the same.
So, what do you need to know about dark patterns?
“Deceptive patterns (also known as ‘dark patterns’) are tricks used in websites and apps that make you do things that you didn’t mean to, like buying or signing up for something.”
Dark patterns consultant
Legal design writer
SEO legal copywriter
AI prompt strategist
Former lawyer
Running a business seems to get harder by the day
Tough economy, running costs, insurance, marketing. There’s not enough time to do all the things as well as staying on top of legal compliance.
Crikey, it’s a lot.
You may feel like you’re trapped in a maze rather than operating a business.
And now new laws regulating dark patterns (also known as deceptive design patterns) are set to become significant drivers of consumer and privacy protection.
So what should you do about dark patterns and how do you go about it?
“Deceptive design patterns [also known as dark patterns] use features to steer users towards options that may result in the collection of more personal information.”
MY SERVICES
The starting point is to understand what dark patterns look like and the difference between sales techniques and dark patterns (spoiler: sometimes, the line is fine. And it’s easy for sales techniques to tip into dark pattern territory). Then, once you have the knowledge, it’s a question of how to apply it. There are plenty of ways I can help you navigate dark pattern detection, training, and ethical design implementation.
Here are some examples of my services:
Presentations
From basic principles to customised team learning
Interactive workshops
To identify and neutralise dark patterns on your website
Policy development
Working with your lawyers to create easy-to-use website policies and statements
Website reviews
A check for common dark patterns with a report and improvement suggestions
Case studies
To help you share your ethical design success stories
Referrals
To lawyers or researchers for complex issues or in-depth audits
Content reviews
Assessing website words for clarity and transparency with SEO-friendly edits
Website makeovers
Working with website design teams to improve ethical design
Do you have your own ideas about how I can help your organisation?
“I DON’T HAVE THE TIME TO DEAL WITH THIS”
I hear you. I sure do. As a business owner or manager, you’re juggling all the things. With so many balls in the air, it feels like you have to drop one to pick up another.
However, dark patterns are a big issue. They’re not only on websites, they can also lurk in social media, emails, text messages, and so on and so on.
And not acting to combat website dark patterns may have far greater costs. For example:
- decreased business from customers or clients
- legal action against your organisation that may result in penalties
- increased scrutiny from regulators and consumer groups
- damage to reputation and loss of customer trust
- negative reviews.
But don’t take my word for it. Let’s look at the Aussie statistics:
%
of respondents experienced negative consequences when encountering dark patterns online
%
of respondents believed organisations used specific design features to influence their behaviour
%
greater likelihood of younger consumers spending more than they'd intended because of dark patterns
%
of respondents stopped using the website or app because of dark patterns
Yeah, that’s A LOT to absorb.
But the good news is, I can help you find your way through the dark patterns maze into the realm of ethical design. It starts with a discussion and then I create a plan that gives you the information you need with a workable time commitment and fee structure.
WHY SHOULD I CARE ABOUT ETHICAL DESIGN?
Okay, let’s get real.
Ethical website design is a great idea in theory, but if it doesn’t bring in the cold hard cash, why bother? Because there are clear, evidence-based business benefits. For example, ethical design can:
- build loyalty and trust with your users
- enhance brand reputation and boost customer confidence
- improve conversion rates
- reduce customer complaints
- encourage repeat business
- reduce the risk of legal action and penalties
- build long-term business sustainability.
In short, ethical design can give your business an advantage over your dark pattern-dwelling competitors.
And in an age when consumers are often highly informed about their rights, they’re more likely to seek user-friendly, transparent websites and avoid deceptively designed websites.
It’s all about consumers voting with their (virtual) feet.
Eliminating website dark patterns can lead to:
%
Up to 25% increase in cross-selling
%
Up to 10% increase in wallet share
%
Up to 30% increase in customer satisfaction
WHO IT’S FOR
My dark patterns services are designed for small to medium-sized business operators and teams in larger organisations who wish to:
- improve website user experience
- manage risk
- use ethical design as a marketing strategy.
WHAT’S HAPPENING WITH DARK PATTERN
LAWS IN AUSTRALIA?
In 2023, online scams cost Australians an estimated $480 million. Hacking caused massive data breaches in some of our largest organisations. Remember queuing to get a new driver’s licence? Yep. Things get REAL when website vulnerabilities are exploited.
That’s one reason why the Australian Government may soon pass specific dark patterns legislation (for “deceptive design patterns”). It’s already happened in other parts of the world:
- The European Union has several laws dealing with dark patterns in different settings (for example, artificial intelligence and social media).
- The United States has been similarly active at both State and Federal levels.
- In early 2024, India passed laws banning 13 types of dark patterns.
It’s a no-brainer that Australia will follow, especially because, in May 2024, Australian Attorney-General Mark Dreyfus said:
“A failure to improve Australia’s privacy standards would not only have implications for individuals, but has the potential to adversely impact the international competitiveness of Australian business. We must keep pace and more closely align with global standards.”
Enough said? I reckon. So, the upshot is this: acting now will help you get a handle on how your business website is performing, any issues, what needs to change, and how to change it. And most importantly, how to embrace ethical design.
Eliminating dark patterns is about more
than legal compliance
It’s also an opportunity to showcase your organisation’s commitment to ethical design, tapping into the flow-on benefits of customer loyalty, brand love, and boosting your organisation’s bottom line.
How I got here
I’m Kate Crocker, dark patterns consultant and legal design writer. I’m also an SEO-trained copywriter specialising in legal content. And you may have guessed, a former lawyer. I mainly practised in workplace and industrial law, with some privacy law as well.
I first heard of dark patterns while studying Bond University’s Fundamentals of Legal Design course. Learning about legal design opened up incredible legal possibilities with design thinking. It was a no-brainer to me that a legal writer would make a valuable addition to a legal design team.
Creative legal solutions are the cat’s meow, but they must be robust as well. Compliance with with legislation, regulations and other processes is kind of a big deal (read: a very big deal).
In other words, legal design solutions must be free of dark patterns. Otherwise, the solution creates another problem.
So I upskilled in online dark patterns and deceptive designs. It became clear that what I learned would help my colleagues and other business operators. I was even more convinced after reading recent regulator reports, many of which adopted the language of dark patterns.
I started giving online presentations. First to website copywriters, who play a critical role in website development, and then to other business operators. Now, my services include general presentations, customised workshops and website reviews.
ACHIEVEMENTS AND MEMBERSHIPS
Testimonials
Wow mind blown. … Kate’s presentation was illuminating! Super well explained with great examples, it highlighted how to spot a dark pattern, talk to the legislation, accessibility, usability and even dug into conversion tactics. …
[Kate’s] knowledge of deceptive websites and dark patterns is second to none. She can explain complex concepts clearly and is absolutely dedicated to ensuring that websites are ethical in their design and function.
I’ve just done a fascinating session with the VERY VERY CLEVER Kate Crocker on dark patterns and deceptive design. …
Kate is incredibly knowledgeable about Dark Patterns, and I highly recommend her presentation and consulting on these deceptive online tactics!
Kate Crocker’s knowledge of legal design and dark patterns is second to none. It’s obvious she has studied and practised in these fields for many years, and is very much a trailblazer in them. …
Kate’s unique combination of marketing, communication, AI, and legal skills make her a great asset to any brand invested in ethical marketing. …
PICK YOUR DEAL
Choose from one of my three deals, or speak to me about customised training and support.
Pattern buoy
- Briefing call
- Reviewing up to 5 website pages for dark patterns
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 30 minute video conference to discuss findings and recommendations
- (To include an SEO review*, add AU$397 )
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE)...
Compliance guard
- Briefing call
- Reviewing up to 10 website pages for dark patterns
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 30 minute video conference to discuss findings and recommendations
- (To include an SEO review*, add AU$747 )
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE)...
Trust beacon
- Briefing call
- Reviewing up to 15 website pages for dark patterns and SEO issues*
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 1 hour video conference to discuss findings and recommendations
- Check for some accessibility issues and suggestions for improvements
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE).…………..
Frequently asked questions
We're not a big company, so do we need to take action against dark patterns?
It’s true that worldwide legal enforcement of dark patterns has focused on big companies. However, existing privacy and consumer protection laws apply to many Australian companies, not just the big players. And if incoming Australian laws specifically regulate online dark patterns, it’s likely they’ll apply to companies of various sizes.
Running your SME and juggling business demands is already a challenge. Dark patterns compliance is another layer of complexity. But it’s worth remembering that dark patterns will erode consumer trust no matter the size of your business. So starting early and taking small, consistent steps will help, especially in building long-term trust with your consumers.
Should we change what we're doing if our current practices are legal?
Depending on your website’s reach, it may be already covered by dark pattern laws in other jurisdictions, such as the European Union.
In Australia, laws regulating deceptive design patterns (dark patterns) are anticipated in the next few years. And don’t forget that already, your business is probably subject to a range of laws such as privacy (if it meets certain criteria) and consumer protection laws.
Avoid the scramble to comply. Now is the time to understand what’s required so you can methodically and strategically work through your website and start considering ethical design solutions.
Won't we be disadvantaged if our competitors use these tactics and we don't?
If we remove dark patterns from our website, will conversion rates and traffic decrease?
Is dark pattern elimination another unnecessary expense for my business?
Why should we change our website design if we risk disrupting our current users?
How do we continue to avoid dark patterns?
Are dark patterns known by other names?
Yes, there are several other names for dark patterns. The term “dark patterns” is used in laws in the United States and European Union, so we’ll always see it crop up. However, in Australia, it’s likely they will be known as “deceptive design patterns“. Other names for dark patterns include:
- deceptive designs
- dark UX patterns
- deceptive patterns
- dark UX
- dark UX by design
- asshole design (no kidding!)
- manipulative design
- unethical design
- sneaky design
- coercive design patterns
- manipulative user interfaces
- deceptive user interfaces.
Yikes, I think you get the idea.
Dark pattern detection is set to become a necessary aspect of website maintenance.
Inconvenient? Yes. Painful? Hopefully not.
But that’s why I’m ready and waiting for your call (or email. Whatever floats your boat).
I’VE WORKED WITH MANY ORGANISATIONS INCLUDING:
IMAGINE YOUR BUSINESS BECOMING
A LEADER IN ETHICAL DESIGN
That’s the silver lining, and I’ll help you get there, guiding you with general information, skilled reviews, targeted advice and access to my network of professional dark pattern busters.
Who said being good can’t be profitable? (Not me, that’s for sure.)
PICK YOUR DEAL
Choose from one of my three deals, or speak to me about customised training and support.
Pattern buoy
- Briefing call
- Reviewing up to 5 website pages for dark patterns
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 30 minute video conference to discuss findings and recommendations
- (To include an SEO review*, add AU$397 )
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE)...
Compliance guard
- Briefing call
- Reviewing up to 10 website pages for dark patterns
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 30 minute video conference to discuss findings and recommendations
- (To include an SEO review*, add AU$747 )
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE)...
Trust beacon
- Briefing call
- Reviewing up to 15 website pages for dark patterns and SEO issues*
- Report outlining findings and suggested fixes
- Page markup
- Video walkthrough
- Checklist to help with self-reviews
- 1 hour video conference to discuss findings and recommendations
- Check for some accessibility issues and suggestions for improvements (including reasons why).
- *SEO review includes conducting checks for optimal keywords, title tags, meta descriptions, alt text, internal and external links, headers, and more. It also includes optimisation suggestions for generative AI search results (AI overviews/SGE).……………
THE IMPORTANT BIT
I don’t guarantee particular business outcomes when providing my services. For example, if I’m reviewing your website for dark patterns, I don’t guarantee detection of 100% of dark patterns (I’m thorough and careful, but no one’s perfect!). BUT I do use reasonable care and skill.
I no longer practice as a lawyer, so any information or feedback I give you is not legal advice. If you’re interested in using my services, I’ll give you a document with my service terms and project proposal.
READY WHEN YOU ARE
It’s time to blitz those dark patterns
Want to know more about the different types of dark patterns?
Download my free dark Patterns information sheet.
Read my Privacy Policy to learn more about your privacy rights and how I handle your personal information.