As Halloween approaches, we're all reminded of the spooky tricks (and treats) lurking around every corner. Yet in the digital world, a more insidious form of trickery lurks: dark patterns.

Just as classic horror films lure unsuspecting victims into nail-biting scenarios, unfair or deceptive design tactics online can trap users into a web of confusion and…sometimes, even deceit. From the unsettling sight of items mysteriously appearing in your cart, to the jarring realization that you've been unknowingly signed up for a paid subscription or tricked into giving more personal data than you were comfortable with, these digital traps can be as spine-chilling as any horror flick.

How are dark patterns defined in Canada?

Canada’s Office of Consumer Affairs defines dark patterns as “a type of web or app design that can be used to influence [a consumer’s] decision making when [they] are using an app or navigating through a website.” In other words, they are typically thought of as practices that deceive or manipulate a consumer into taking actions they would not otherwise have taken. These practices often involve subtle design tactics and coding tricks that have been embedded in digital platforms and can take many forms.

The concept of dark patterns can thus capture a wide range of unfair and/or deceitful business practices and techniques woven into the consumer experience of a digital platform so as to influence a consumer’s behaviour, potentially without the consumer being aware of it. Some dark patterns are so widespread and pervasive that they’ve even become normalized, blending into everyday online interactions almost unnoticed.

In recent years, regulators across various jurisdictions have begun shining light on dark patterns. In February 2026, Canada’s Competition Bureau and Office of the Privacy Commissioner highlighted how digital design can affect consumers’ product and privacy choices, including through practices that obscure prices, terms or privacy-protective options.

Such practices can contravene a number of laws, for example, resulting in a misleading representation under the Competition Act, or vitiating consent under the Personal Information Protection and Electronic Documents Act as it was obtained through deception. Canadian privacy regulators have similarly cautioned businesses against designs that manipulate users into making less privacy-protective choices.

Below, we explore the seven categories of dark patterns highlighted by the Organisation for Economic Co-operation and Development (OECD). From the horrors of “Bait-and-Switch” to the terror of “Hidden Costs,” we delve into some of the practices and interfaces that may seem like clever tools for gaining consumer attention or encouraging client retention but could actually leave your business caught in a cauldron of consumer backlash, litigation, and costly fines.

1. Forced action

Forced action is the practice whereby the user is required to do something in order to gain access to a particular functionality beyond what would be necessary for it. It can include rendering the consumer’s desired outcome difficult to achieve, requiring them to take extra steps or provide additional information to do so. One example is requiring a consumer to provide unnecessary personal information in order to use a website or access its content.

This tactic is often seen on social media platforms, where users are frequently required to create an account or otherwise provide personal information in order to view content that has been posted by others or to gain access to a promotional offer. Some might say that this is not unlike a vampire guarding the castle gates until you pledge your loyalty to the dark side.

Another example is requiring users seeking to access a “free” version of a service to first complete a survey or jump through a series of time-consuming hoops. Such tactics are often designed to wear the user down, leading them to eventually give up and turn to the paid version instead.

Forced action also includes cases where an optional action is presented as mandatory, trapping users in a web of confusion. This is often seen with cookie and privacy consents, where users are presented with popups asking them to provide “bundled” consent to various things, without making it clear that users can actually choose to consent to only some—but not all—of these things.

2. Interface interference

Interface interference is a spooky tactic that manipulates the way information is presented to consumers, nudging them towards a particular choice preferred by the company, but not necessarily the consumer. It can take many forms, including:

  • Native advertising:

    Halloween is all about disguises, and native advertising works in much the same way. These “advertorials” are designed to blend in with surrounding editorial or journalistic content, making it less obvious to consumers that they are viewing paid promotional material.

  • Complex or confusing language:

    Sometimes the trick is in the wording. Unclear language, double negatives or deliberately convoluted or legalistic phrasing can leave consumers unsure of what they are choosing or agreeing to. Remember, your advertising needs to be understandable by your audience, not only those with marketing or law degrees!

  • Distracting design:

    Like a haunted corn maze full of wrong turns, a webpage can be designed to draw attention to features the business wishes to make attractive while important limitations lurk in the shadows or consumer choices are walled up in the corners. For example, highlighting benefits in large, colourful text while relegating key restrictions to fine print can make a product seem more appealing than it really is. To combat this tactic, some provinces have introduced prominence requirements for certain information in contexts such as price and credit advertising. Likewise, hiding consumer choices such as opting out or withholding consent while creating a clear and easy path to the business’s preferred choice can create compliance problems under Canadian privacy or anti-spam law.

  • Pre-checked boxes:

    Some interfaces come with options already selected, increasing the chance that users unknowingly agree to extras they might not otherwise choose.

  • Confirmation shaming:

    This tactic uses guilt to influence decisions. For example, a user trying to cancel a fitness app subscription may be forced to choose between “Actually, I want to keep my subscription” and “Yes, I’ll cancel – being healthy is not important to me”. By making one option seem unreasonable or embarrassing, businesses may pressure consumers into spending money they otherwise would not.

3. Nagging

Like a particularly persistent trick-or-treater who keeps ringing the doorbell, this dark pattern involves repeated intrusions that disrupt the user’s activities. Examples of nagging include: repeated pop-ups asking the user to turn on notifications or upgrade to a more expensive membership tier; repeatedly asking a consumer to confirm their decision to opt-out to cancel a service; and repetitive requests to turn on location tracking.

4. Obstruction

Obstruction is a sinister tactic that makes it unnecessarily difficult for a consumer to choose an option that does not benefit the business, hoping they become frustrated and give up. A classic example of this spooky practice is the difficulty many consumers encounter when trying to cancel a subscription. It's like wandering through a haunted labyrinth, where every turn leads to another obstacle, leaving consumers trapped in commitments they no longer want. Businesses operating in Quebec should pay particular attention to this practice.

As of September 12, 2026, amendments to the Consumer Protection Act (Quebec’s CPA) require merchants offering certain online subscriptions to provide consumers who are entitled to cancel contracts without cause with an accessible and easy-to-find online button allowing them to do so easily.

5. Sneaking

Just like the killer who sneaks up on an unsuspecting victim in a classic slasher film, this dark practice involves merchants hiding, disguising, or delaying the provision of vital information, usually related to pricing. Common examples include:

  1. Adding an item to a consumer’s cart without their consent or knowledge.
  2. Burying important information in fine print.
  3. Offering a free trial that automatically converts to a paid subscription once the trial period ends without clear and upfront disclosure of that fact (a practice expressly prohibited in Quebec).
  4. Omitting to disclose mandatory fees until the consumer is about to finalize a purchase.

Quebec has recently introduced additional protections aimed at number 3 on the list above. As of September 12, 2026, where certain successive performance contracts provide a good or service for free or at a discount before the price increases, the merchant must provide the consumer with a clear and legible written notice indicating when the promotional period will end, and the price that will apply afterwards.

The fourth practice listed above, commonly known as “drip pricing” is expressly prohibited by the federal Competition Act. Drip pricing lures consumers in with an attractive advertised price, only to reveal mandatory fees later in the purchasing process, turning what looked like a bargain into a more expensive purchase.

The consequences can be significant. In recent years, the Competition Tribunal found that various companies had engaged in drip pricing by charging mandatory fees that were not included in the prices initially displayed to consumers. These cases have resulted in fines in the millions of dollars, something sure to haunt the nightmares of marketing departments!

6. Social proof

Social proof relies on the idea that if everyone else is doing something, it must be the right choice. Like children gravitating toward the busiest house on Halloween night, consumers may assume that a popular product or service is worth choosing simply because others appear to have chosen it.

Common examples include claims that thousands of people have purchased a product recently, or notifications that multiple shoppers currently have an item in their cart.

It can also take more deceptive forms, such as fake celebrity endorsements or fabricated consumer reviews. Businesses targeting consumers in Quebec should be particularly mindful of the former. Since June 2026, Quebec’s CPA expressly prohibits the unauthorized use of a person’s identity for commercial representations to consumers, including through certain altered images and audio or video recordings that represent, or appear to represent, that person. Outside of Quebec, marketers should be aware that such a practice could very well result in non-compliance with the applicable privacy laws.

Fake consumer reviews have also attracted scrutiny. South of the border, the United States Federal Trade Commission has adopted a regulation governing the use of consumer reviews and testimonials. Quebec and British Columbia have also strengthened protections surrounding consumer reviews by prohibiting contractual terms that prevent consumers from publishing or communicating reviews about a merchant, its conduct, or its goods or services.

7. Urgency

The final category of dark pattern involves pressuring a consumer to make a decision by indicating a deadline that does not actually exist. This could be, for example, showing a false countdown clock indicating when an offer will end, stating that an item is almost sold out when it is not, or indicating that a promotional price is available for only a limited time when in fact it remains available indefinitely.

Think of it as being warned that the magic wears off at midnight, only to discover that midnight was never really the deadline. The goal is simple: to make consumers feel that hesitation could cause them to miss out, deceiving them into making decisions they might not otherwise have made.

Don’t let dark patterns come back to haunt you

Dark patterns may be designed to boost sales, increase subscriptions or drive engagement, but businesses should be careful not to let persuasive design cross the line into deception or manipulation. As regulators continue to scrutinize how consumers are influenced online, it is increasingly important to consider not only whether information is technically accurate, but also how interfaces, prompts and design choices shape consumer decision-making.

This Halloween, the lesson is simple: the most effective marketing strategies are not the ones hidden in the shadows. Businesses that prioritize transparency and informed consumer choice are far less likely to find themselves facing unwanted regulatory scares.

Have questions about dark patterns or your digital marketing practices? Get in touch with our Advertising & Product Regulation team to discuss how we can help you identify potential risks and develop compliant, consumer-friendly approaches.