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 business and is not a regulator finding, statutory category or legal 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: upcoming. Obscured outcome: upcoming
Your opt-out is recorded. The request receives a timestamped receipt and no renewal charge is created.. Completion step: upcoming. Recorded outcome: upcoming. 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 (4)
Potentially problematic version
- The opt-out link errors and the system interprets failure as acceptance.Why this state matters: 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.
- Obscured outcome: upcomingReview prompt: Which affirmative action authorises “No response recorded”, and where is the resulting price, product or recurring state shown before commitment?
Neutral alternative
- The request receives a timestamped receipt and no renewal charge is created.Fairer design: Make the refusal route reliable, record attempted requests and suspend charging when the service cannot confirm the choice.
- Request recorded: Download opt-out receiptReview prompt: Count steps, waits, offers and channel changes through final confirmation; where does the route meet “No clear current assent to that consequence is evidenced”?
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 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.
Continue comparing
Related examples
Open this example
Bait and switch
Download control opens an unrelated installer
A fictional account page labels a prominent control “Download document”, but it launches an optional browser-extension installer instead.
Bait and switch
Selected basic fare changes at confirmation
A fictional booking flow records a basic fare selection but the final action purchases a premium flexible fare without a new price-and-product confirmation.
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