DECEPTIVE PATTERNS EXPERT WITNESSES: TESTIFYING, CONSULTING & TESTIMONY SERVICES

Top deceptive patterns expert witnesses in legal contexts know that the issues (also known as dark patterns) refer to design choices in digital interfaces that mislead, trick, or coerce users into decisions they might not otherwise make. And of course the best deceptive patterns expert witnesses in consumer protection, digital design, and data privacy are increasingly being hired to identify and explain these patterns in court. Understanding their types is essential to offering credible, evidence-based testimony.

1. Hidden Costs

This pattern involves adding unexpected fees, charges, or costs at the end of a transaction process. Per leading deceptive patterns expert witnesses, typically found in e-commerce checkouts, the additional costs only appear late in the process, making it more likely the user completes the purchase out of sunk-cost bias.

2. Roach Motel

Users find it easy to get into a service—such as signing up for a subscription—but face significant barriers when trying to cancel. This deceptive patterns expert witnesses say can involve buried settings, unclear cancellation instructions, or requiring phone calls instead of simple online steps.

3. Forced Continuity

Common in free trial offers, this pattern automatically charges the user once the trial ends—generally without adequate warning or an easy way to cancel. Prominent deceptive patterns expert witnesses may be asked to analyze whether the notice and consent mechanisms meet legal standards.

4. Confirmshaming

This tactic uses guilt or emotionally manipulative language to steer users toward a preferred action. For example, a pop-up might say, “No thanks, I don’t want to save money” as the opt-out option.

5. Trick Questions

These are intentionally confusing or double-negative questions meant to mislead. A checkbox labeled “Uncheck this box if you don’t want to receive no emails” is an example of how confusion can drive undesired user choices.

6. Sneak into Basket

Here, per noted deceptive patterns expert witnesses, an item is automatically added to a user’s shopping cart without clear consent. It relies on the user not noticing before checking out.

Respected deceptive patterns expert witnesses must consider context, user intent, clarity of consent, and industry standards. Work can be crucial in determining whether a digital interface violates consumer protection laws or ethical design norms.