Negative option or unauthorised transaction
Silence treated as renewal approval
A fictional service states that failing to reply to an email will be treated as approval for a new paid add-on at renewal.
Individual HTML example · Sneaking
Broken opt-out still results in a charge
A fictional trial email provides an opt-out link that returns an error, then charges the customer because the failed request is recorded as no response.
This is an original fictional comparison. It depicts no real company and is not a legal finding or safe harbour.
Broken opt-out still results in a charge
A fictional trial email provides an opt-out link that returns an error, then charges the customer because the failed request is recorded as no response.
Keep your trial benefits. The opt-out link errors and the system interprets failure as acceptance.. Blocking step: No response recorded: current. Obscured outcome: Download opt-out receipt: current
Your opt-out is recorded. The request receives a timestamped receipt and no renewal charge is created.. Completion step: Download opt-out receipt: completed. Recorded outcome: No response recorded: completed. Request recorded: Download opt-out receipt
Why the first version can mislead: The final commercial state diverges from the choice represented earlier in the journey. The problematic state records: “The opt-out link errors and the system interprets failure as acceptance.” Review the timing and affirmative selection needed before “No response recorded” changes price, product or recurring liability. A person can be charged despite attempting to refuse the transaction through the supplied route.
What a fairer design does: Make the refusal route reliable, record attempted requests and suspend charging when the service cannot confirm the choice.
Show annotated differences (2)
Potentially problematic version
- Obscured outcome: Download opt-out receipt: currentIn “Broken opt-out still results in a charge”, this element shows how negative option or unauthorised transaction can shape the decision.
Neutral alternative
- Request recorded: Download opt-out receiptIn “Broken opt-out still results in a charge”, this element keeps the clearer alternative visible at the same decision point.
Review questions (3)
- Which affirmative action authorises “No response recorded”, and where is the resulting price, product or recurring state shown before commitment?
- Count steps, waits, offers and channel changes through final confirmation; where does the route meet “No clear current assent to that consequence is evidenced”?
- Which specific affirmative event creates the final commercial state, and could “transaction explicitly confirmed at the material decision point” explain the observed outcome instead?
Complete pattern context
How this example relates to Negative option or unauthorised transaction
Silence, inactivity or an ineffective prior interaction is treated as authorisation for a paid or consequential transaction. The label describes a recurring design mechanism; whether a particular implementation is harmful or unlawful depends on the complete journey, audience, evidence and rules within scope.
The full guide explains inclusion and exclusion criteria, harms, fair design principles, evidence questions and the relevant EU legal information layers. The example page isolates one scenario so it can be shared and discussed without reproducing the complete library on one page.
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Selected basic fare changes at confirmation
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Sources and provenance for this example
Evidence base
Sources
- An Ontology of Dark Patterns KnowledgeGray et al.; ACM CHI 2024 · Secondary · checked 2026-09-14 · DOI 10.1145/3613904.3642436; arXiv:2309.09640
- Unfair Commercial Practices DirectiveEuropean Parliament and Council of the European Union · Primary · checked 2026-08-09 · Directive 2005/29/EC; CELEX 02005L0029-20220528