A Day in the Life of an Ordinary Consumer

It starts with a simple morning routine; one that’s probably familiar to you too. I wake up, grab my phone, and scroll through my usual apps. My ride-hailing app suggests a "dynamic fare" for my morning commute. It’s 30% higher than yesterday, even though it's the same route, at the same time. I sigh and accept it, what choice do I have?

At lunchtime, I decide to order a quick meal through a food delivery app. The restaurant I ordered from last week now has an increased "service fee." There’s also a new "demand surcharge" that wasn’t there before. By the time I check out, my 12 euros meal has ballooned to nearly 20 euros with all the hidden costs. But I am busy, I barely notice it and convenience wins again.

Later in the evening, I browse a retail shopping app for a pair of sneakers. I checked the same pair a few days ago, but the price has mysteriously increased. Did the app notice my repeated visits and assume I am willing to pay more? Probably. If I wait, will the price go down? Maybe. But there’s an urgency timer flashing, "Only 2 left in stock!", so I give in and buy them.

None of this is an accident. Companies aren’t just selling us rides, meals, and products; they are selling us to ourselves. Every tap, every hesitation, every abandoned cart is recorded, analyzed, and turned into a pricing strategy designed to extract the maximum we are willing to pay.

The Invisible Hand of Dark Patterns and Surveillance Pricing What’s worse is how these platforms don’t just manipulate prices, they manipulate our behavior. Ever noticed how the "Confirm Purchase" button is always big and bright, but the "Cancel" option is hidden in small text? Or how free trials are easy to sign up for but nearly impossible to cancel? These dark patterns tricks push us into decisions we might not have made otherwise.

1. Drip Pricing: The initial price looks reasonable, but by checkout, extra fees have stacked up.
2. False Urgency: "Only 3 left at this price!" but refresh the page, and somehow, it’s still 3.
3. Forced Continuity: Signing up for a subscription is effortless, but canceling requires an email, a call, or navigating endless menus.
4. Price Steering: The same service costs more for some users based on their browsing history or device type.

These tactics don’t just squeeze more money out of us, they erode trust. The FTC’s Surveillance Pricing 6(b) study highlights how companies use extensive consumer data to influence pricing, often harming consumers and competition. Businesses personalize prices by leveraging data from sources like location tracking and consumer profiles while using dark patterns to amplify harm, such as creating false urgency, hiding true costs, and blocking price comparisons.

For example, the FTC flagged companies like Mobilewalla and InMarket for using hyper-specific targeting and pricing manipulation based on consumers' data. The study reveals that some apps change prices based on battery levels, device type, or browsing habits, exploiting behavioral vulnerabilities rather than simply responding to market demand. To counteract this, the FTC aims to deepen its understanding of surveillance pricing, foster interdisciplinary collaboration, and proactively enforce fair pricing rules under Section 5 of the FTC Act.

Regulators Are Watching, But Is It Enough?

Globally, regulators are beginning to crack down on dark patterns. On January 23, 2025, the Indian Department of Consumer Affairs demanded responses from Ola and Uber over allegations of dark patterns in their apps, following a December 2024 survey by LocalCircles.

The survey exposed surveillance pricing practices, including:

• Device-based fare variations: Fares were reportedly higher for iPhone users than for Android users.
• Battery-based price surges: Prices spiked when a user’s phone battery was low, banking on desperation.
• Bait-and-switch tactics: The app showed nearby taxis that were much farther away.
• Hidden and unfair fees: Users were penalized with cancellation fees for issues caused by the platform or driver, and extra charges were added post-ride without disclosure.

Ola and Uber now face scrutiny over these exploitative practices. But will this lead to meaningful change? History shows that while fines and regulations may temporarily force companies to adjust, they often find new ways to extract profits at the expense of consumers.

It’s Not Too Late: A Fairer Path Forward

But it doesn’t have to be this way. Companies still have a choice; to design for fairness instead of manipulation. To build trust instead of just maximizing short-term profits.

That’s where FairPatterns comes in. We help businesses identify and eliminate dark patterns, ensuring transparency in pricing, ethical design choices, and compliance with evolving regulations. When consumers feel like they are being treated fairly, they don’t just stay loyal, they advocate for your brand.

At the end of the day, the goal should be simple: No one should go to bed feeling misused by the apps they rely on. Trust isn’t just good ethics, it’s good business. And it’s time for companies to start acting like it.