Preselection and biased defaults
Annual plan active by default
A fictional streaming service opens with the annual plan selected and highlights a monthly-equivalent figure while the payable annual total is smaller.
Individual HTML example · Interface interference
Paid protection preselected in basket
A fictional retailer preselects a $12 protection plan and includes it in the total before the shopper has made a distinct choice.
This is an original fictional comparison. It depicts no real business and is not a regulator finding, statutory category or legal safe harbour.
Paid protection preselected in basket
A fictional retailer preselects a $12 protection plan and includes it in the total before the shopper has made a distinct choice.
Order total · $211. A $12 protection plan is already active in the basket.. Protection included. Add protection for $12
Order total · $199. Protection is optional, unselected and priced beside its control.. Amount affected: $12. Add protection for $12. Protection included. Payable total and selected items, expanded: The summary shows the line items and total before “Add protection for $12” is activated.
Why the first version can mislead: The presentation changes what the user can notice or predict at the checkout decision. The problematic state shows: “A $12 protection plan is already active in the basket.” Its influence should be tested by comparing the consequence and usability of “Protection included” with “Add protection for $12”. The shopper may pay for an add-on through inattention rather than active agreement.
What a fairer design does: Leave paid extras unselected, describe their price and require a deliberate choice before adding them.
Show annotated differences (4)
Potentially problematic version
- A $12 protection plan is already active in the basket.Why this state matters: The presentation changes what the user can notice or predict at the checkout decision. The problematic state shows: “A $12 protection plan is already active in the basket.” Its influence should be tested by comparing the consequence and usability of “Protection included” with “Add protection for $12”. The shopper may pay for an add-on through inattention rather than active agreement.
- Add protection for $12Review prompt: Do “Protection included” and “Add protection for $12” receive comparable prominence and explain their consequences before activation?
Neutral alternative
- Protection is optional, unselected and priced beside its control.Fairer design: Leave paid extras unselected, describe their price and require a deliberate choice before adding them.
- Payable total and selected items, expanded: The summary shows the line items and total before “Add protection for $12” is activated.Review prompt: Compare the basket before and after the action, including total and line items; does the mutation satisfy “The state is selected at first relevant presentation”?
Review questions (3)
- Do “Protection included” and “Add protection for $12” receive comparable prominence and explain their consequences before activation?
- Compare the basket before and after the action, including total and line items; does the mutation satisfy “The state is selected at first relevant presentation”?
- What neutral rendering or comprehension result would falsify the classification, particularly in light of “Consumer-protective or neutral default”?
Complete practice context
How this example relates to Preselection and biased defaults
A business-favoured option with a plausible adverse consequence is active before a deliberate user choice. 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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Support and migration locked into one plan
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Sources and provenance for this example
Evidence base
Sources
- Dark commercial patternsOrganisation for Economic Co-operation and Development · Secondary · checked 2026-09-14 · OECD Digital Economy Papers No. 336
- Competition and Consumer Amendment (Unfair Trading Practices) Act 2026Federal Register of Legislation · Primary · checked 2026-09-14 · C2026A00064
- Competition and Consumer Act 2010, including Schedule 2: Australian Consumer LawFederal Register of Legislation · Primary · checked 2026-09-14 · C2004A00109
- Manipulative conduct in the digital economy, pricing claims and competition in essential services among ACCC priorities for year aheadAustralian Competition and Consumer Commission · Primary · checked 2026-08-09