Negative option or unauthorised transaction
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.
Individual HTML example · Sneaking
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.
This is an original fictional comparison. It depicts no real business and is not a regulator finding, statutory category or legal safe harbour.
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.
Upgrade at renewal. No reply is treated as acceptance of a $60 add-on.. Selected: No action means yes. Not selected: Keep current plan
Optional renewal upgrade. The add-on remains off unless the subscriber selects it.. Not selected: Keep current plan. Not selected: No action means yes. Choice consequences, expanded: The consequence of selecting “Keep current plan” is displayed beside the option.
Why the first version can mislead: The final commercial state diverges from the choice represented earlier in the journey. The problematic state records: “No reply is treated as acceptance of a $60 add-on.” Review the timing and affirmative selection needed before “No action means yes” changes price, product or recurring liability. Inactivity may produce a charge that the subscriber never actively authorised.
What a fairer design does: Do not treat silence as a new purchase; request a clear choice and preserve the existing contract if none is made.
Show annotated differences (4)
Potentially problematic version
- No reply is treated as acceptance of a $60 add-on.Why this state matters: The final commercial state diverges from the choice represented earlier in the journey. The problematic state records: “No reply is treated as acceptance of a $60 add-on.” Review the timing and affirmative selection needed before “No action means yes” changes price, product or recurring liability. Inactivity may produce a charge that the subscriber never actively authorised.
- Not selected: Keep current planReview prompt: Which affirmative action authorises “No action means yes”, and where is the resulting price, product or recurring state shown before commitment?
Neutral alternative
- The add-on remains off unless the subscriber selects it.Fairer design: Do not treat silence as a new purchase; request a clear choice and preserve the existing contract if none is made.
- Choice consequences, expanded: The consequence of selecting “Keep current plan” is displayed beside the option.Review prompt: Capture every peer option, its default state and visual prominence; do those states support “A charge, supply or commitment occurs or is scheduled”?
Review questions (3)
- Which affirmative action authorises “No action means yes”, and where is the resulting price, product or recurring state shown before commitment?
- Capture every peer option, its default state and visual prominence; do those states support “A charge, supply or commitment occurs or is scheduled”?
- Which specific affirmative event creates the final commercial state, and could “Clearly disclosed subscription renewal supported by valid assent and applicable notices” explain the observed outcome instead?
Complete practice 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. This is a design and research taxonomy for learning and evidence review, not a statutory offence label or an automatic finding that an interface is unlawful.
The full guide explains inclusion and exclusion criteria, potential harms, fairer design, evidence questions and separate Australian 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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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
- Competition and Consumer Amendment (Unfair Trading Practices) Act 2026Federal Register of Legislation · Primary · checked 2026-09-14 · C2026A00064