Repeatedly interrupts or asks the user to take a business-favoured action after the user has declined, deferred or ignored it.
This family contains 1 canonical practiceand 2 paired fictional interface examples. It is a learning and review structure, not a statutory category, regulator finding or conclusion that a particular interface is unlawful.
Begin with observable interface states and sequences. These signals are prompts to preserve evidence and ask better questions; they are not a shortcut to the elements of an Australian legal test.
A declined request returns without a meaningful change in context.
Dismissal is temporary while acceptance is treated as durable.
Repeated interruption makes normal use or task completion harder.
Fairer design
Principles for a more neutral choice
A fairer alternative should preserve the person’s intended task while making consequences, alternatives and changes of mind usable. It is a practical comparison, not a legal safe harbour.
Respect refusals for a meaningful and disclosed period.
Keep later reconsideration available in settings rather than blocking the journey.
Measure whether prompts help users, including dismissal and complaint signals.
Australian legal context
Apply the legal layer after identifying the mechanism
A taxonomy helps reviewers name and compare an interaction. Legal analysis still depends on the provision in force, the complete journey, the consumer context, evidence and the alleged detriment. Keep these layers separate in reports and release decisions.
Current law and enforcement
Existing ACL provisions, including misleading conduct and false-representation rules, may apply now where their own elements are satisfied. Do not describe current cases as enforcement of section 28B.
Enacted section 28B
From 1 July 2027, the general prohibition requires consumer-connected conduct that manipulates the consumer or unreasonably distorts the decision environment and causes, or is likely to cause, financial or other detriment. A family label alone satisfies none of those elements.
Regulations and guidance
Pending regulations or dedicated regulator guidance must be marked as pending until published and verified. They must not be silently converted into present duties, exclusions or regulator-approved design rules.
Editorial implementation guidance
Recognition signals, fair-design principles and evidence prompts on this page support product, design, engineering and legal review. They do not replace advice on a specific journey or certify compliance.
Review complete transitions rather than isolated screens. The same mechanism can change meaning when a person is comparing prices, confirming a purchase, managing an account or trying to leave a service.
Each guide provides a plain-language definition, inclusion and exclusion boundaries, at least two paired HTML examples, fairer alternatives, review questions, evidence prompts and a context-specific Australian legal-information map.
Editorial implementation guidanceNagging
Repeated prompting
Repeated prompting is a working label for this design mechanism: A business-favoured request repeatedly interrupts the user after decline, dismissal or non-response without a durable way to stop it. This is editorial implementation guidance for Australian journeys, not a finding of unlawfulness. From 1 July 2027, a similar interface is relevant to ACL section 28B only if the complete consumer-connection, manipulation or unreasonable-distortion and actual-or-likely-detriment test is met. Current ACL rules require a separate assessment.
