Interface Interference, Roach Motel, Misdirection, Sneaking, & Confirmshaming with Amazon

Manipulative Designs in the Checkout Enrollment and Iliad Flows

217. The manipulative designs (sometimes called dark patterns) Amazon uses, or has used, in its Prime enrollment flows and the Iliad Flow include the following elements:

(a) Forced Action. “Forced Action” is a design element that requires users to perform a certain action to complete a process or to access certain functionality.

(i) Amazon uses Forced Action in the (Redacted) version of its Prime enrollment flow, during which Amazon forces the consumer to choose whether to enroll in Prime before allowing the consumer to complete her purchase. In fact, (redacted), Amazon knew that (redacted).

(ii) Amazon also uses Forced Action in its Iliad Flow by forcing the consumer to proceed through multiple screens to cancel their subscription. The presence of Forced Action complicates the Iliad Flow.

(b) Interface Interference. “Interface Interference” is a design element that manipulates the user interface in ways that privilege certain specific information relative to other information.

(i) Amazon uses Interface Interference in its Prime checkout enrollment flow, most versions of which reveal the terms and conditions of Prime only once during the purchase process, and then only in a small, easy-to-miss font. Amazon also uses repetition and color to direct consumers’ attention to the words “free shipping” and away from Prime’s price, which leads some consumers to enroll without providing informed consent.

(ii) Amazon also uses Interface Interference in the Iliad Flow by emphasizing options that divert the consumer from the flow without cancelling and by employing warning icons near the option to cancel, which evokes anxiety and fear of loss in consumers. The presence of Interface Interference complicates the Iliad Flow.

(c) Obstruction (“Roach Motel”). “Obstruction,” also known as the “roach motel” technique, is a design element that involves intentionally complicating a process through unnecessary steps to dissuade consumers from an action.

(i) Amazon uses Obstruction throughout its Prime checkout enrollment flows by making the option to decline enrollment difficult to locate. In fact, since at least 2018, Amazon has known that some consumers cannot find the less prominent “No Thank You” link to decline enrollment.

(ii) Amazon also uses Obstruction in its Iliad Flow by: (1) making the ingress to the Iliad Flow difficult for consumers to locate; and (2) forcing consumers who have already expressed an intent to cancel by locating and entering the Iliad Flow to view marketing and reconsider options other than cancellation. The presence of Obstruction complicates the Iliad Flow.

(d) Misdirection. “Misdirection” is a design element that focuses a consumer’s attention on one thing to distract from another

(i) Amazon uses Misdirection in its Prime checkout enrollment flow by presenting asymmetric choices that make it easier to enroll in Prime than not. Additionally, certain versions of Amazon’s checkout enrollment flow offer consumers only a less prominent blue link to decline Prime.

(ii) (Redacted) Amazon also uses Misdirection in certain versions of the Prime checkout enrollment flow (Redacted)

(iii) Amazon also uses Misdirection in its Iliad Flow by presenting consumers with asymmetric choices that make it easier to abandon an attempted Prime cancellation than to complete it. In particular, Amazon uses attractors such as animation, a contrasting color blue, and text to draw consumers’ attention to “Remind me later” and “Keep my benefits” options rather than “Continue to Cancel.” Amazon further misdirects consumers who have entered the Iliad Flow by presenting visually appealing options to perform acts other than cancel, such as exploring the benefits of the subscription service (thereby exiting the Iliad Flow). The presence of Misdirection complicates the Iliad Flow.

(e) Sneaking. “Sneaking” is a design element that consists of hiding or disguising relevant information, or delaying its disclosure. Amazon uses Sneaking by failing to clearly and conspicuously disclose Prime’s terms and conditions during its enrollment checkout flow, including its price and auto-renew attribute. Amazon also employs Sneaking by failing to show Prime’s price or its auto-renewal feature in the consumer’s cart.

(f) Confirmshaming. "Confirmshaming" is a design element that uses emotive wording around the disfavored option to guilt users into selecting the favored option. (Redacted)

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