StubHub Lawsuit, Surveillance Pricing, and Deceptive Gaming Designs

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. StubHub Sued for Hidden Fees in Ticket Purchases
   A shoutout to our friend and senior advisor Harry Brignull, whose book Deceptive Patterns shed light on StubHub’s use of drip pricing (hidden costs). This has now led to legal action!
   ➡ Attorney General Brian L. Schwalb filed a lawsuit against StubHub for:
   • Hiding mandatory fees until the end of a lengthy purchase process.
   • Failing to provide clear and accurate information about these fees or how they are calculated.
     
     The lawsuit aims to put an end to these deceptive and unfair practices. Read more here
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2. FTC Investigates Surveillance Pricing Practices
   The Federal Trade Commission (FTC) has issued orders to eight companies using surveillance pricing tools that rely on consumer data. The investigation seeks to uncover:
   ➡ The types of products offered.
   ➡ Methods of data collection and intended uses.
   ➡ The impact of surveillance pricing on privacy, competition, and consumer protection.
   
   This initiative aims to provide transparency in the opaque market of surveillance pricing and assess its implications for consumers. Read more here‍
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3. Guernsey Finds Deceptive Designs in Online Gaming Sites
   An investigation by Guernsey authorities reviewed 19 online gaming sites and uncovered deceptive practices across all of them. Key findings include:
   ➡ Privacy settings were missing or hard to find in 42% of cases, limiting user control.
   ➡ Privacy policies, while present, were too lengthy and complex to be understandable.
   ➡ It was generally harder to delete an account than to create one.
   
   While no sanctions were imposed, the gambling industry has been asked to address these concerns. Read more here‍
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4. Hall of Shame: A Resource for Highlighting Deceptive Design Patterns
   The Hall of Shame website showcases unethical design practices used by companies to manipulate user behavior. Examples include:
   ➡ Hidden fees.
   ➡ Hard-to-find privacy settings.
   ➡ Confusing interfaces designed to trick users.
   
   This resource aims to raise awareness and encourage better design standards. Check it out here

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Conclusion:

This week’s updates underline the importance of holding companies accountable for deceptive practices. From lawsuits against hidden fees to investigations into surveillance pricing and gaming site designs, the fight for transparency and fairness in the digital world continues.

At Fairpatterns, we’re committed to empowering organizations to create ethical and user-centric digital experiences. Let’s keep advocating for fairness together. Have a fantastic week with Fair Monday!

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