RealPage Lawsuit, Global Dark Pattern Study, and Airline Booking Tactics

Introduction:

Welcome to Fair Monday! We know Mondays can be a bit rough, so we created Fair Monday to bring you weekly insights and resources on dark patterns and digital fairness. Each Monday, we share updates on the latest developments, helping you stay informed and empowered to create a fairer, more transparent digital space.

This Week's Highlights:

1. US Lawsuit Against RealPage for Algorithmic Pricing in the Rental Market
   The US Justice Department and several state Attorneys General have filed a lawsuit against RealPage Inc., alleging violations of antitrust laws. The case centers on an algorithmic pricing scheme that allegedly reduces competition in the rental market. While this case falls under competition law rather than dark patterns, it raises an important question:
   ➡ Could algorithmic pricing evolve into a new form of dark pattern in the future?
   
   As one observer notes: “Training a machine to break the law… is still breaking the law.” Read more‍
   ‍
2. France’s Crackdown on Dark Patterns in Big Companies
   An international study by the Global Privacy Enforcement Network (GPEN), which includes France's CNIL, revealed that 97% of websites and applications worldwide deploy at least one dark pattern. Key findings include:
   ➡ Misleading design elements that manipulate users and infringe on their rights.
   ➡ French companies are among those implicated, raising concerns about compliance with privacy and transparency regulations.
   
   French radio station RTL has also highlighted the issue, warning users against these deceptive tactics.
   Read the CNIL report (French)
   Listen to RTL’s coverage (French)‍
   ‍
3. India’s Survey on Dark Patterns in Airline Booking Sites
   A LocalCircles survey revealed widespread concerns among Indian travelers about dark patterns on airline booking platforms. Key findings include:
   ➡ 72% of flyers noticed airfares increasing after repeated searches.
   ➡ 62% felt pressured by false urgency tactics, such as "Only 2 seats left!" messages.
   ➡ Hidden fees and "basket sneaking" (services added without user consent) were common complaints.
   
   In response, India’s Department of Consumer Affairs proposed integrating the National Consumer Helpline with the Air Sewa Portal to tackle these issues. Read more

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Conclusion:

This week’s updates highlight the global fight against dark patterns and the push for transparency and fairness in digital markets. From algorithmic pricing schemes in the US to the prevalence of deceptive practices worldwide, the need for robust consumer protections has never been greater.

At Fairpatterns, we remain committed to supporting organizations in creating ethical and user-centered digital experiences. Let’s work together to build a fairer digital future. Have a fantastic week with Fair Monday!