A lawyer has issued a warning to game developers amid a rise in "dark patterns" lawsuits over "unlawful game design" that allegedly tricks players into making decisions or choices that they would not otherwise have made that could cause harm.
This comes as the United States Federal Trade Commission (FTC) is currently on the lookout for these so-called dark patterns in software and websites. The trial lawyer, Eric Weiss, who defends companies from class action lawsuits and other disputes, urges video game developers to be extremely careful.
"Dark Patterns" Lawsuits
(Photo : AFP, Getty Images, Pascal Guyot / Screenshot taken from official website)
The FTC's definition of dark patterns in 2022 typically meant that someone spent money or signed up for something that they did not really want to because of a confusing or hostile user interface.
Some examples of this include a warning that a product is nearly sold out when there is actually plenty of stock and when a timer counts down to a limited-time discount but resets after hitting zero.
Weiss spoke to game developers at this year's GDC and he was asked whether dark pattern lawsuits could go beyond store interfaces. It was raised that gameplay design could be included, such as when MMO players are encouraged to grind for a special limited-time item and the game's developer decides a year later to give that item to everyone, according to PCGamer.
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The question in this particular scenario was if everyone who grinded for the item in the first place was "manipulated" and "harmed." However, this raised another issue, what if the game developer genuinely changed their mind and did not mean to trick the players who worked hard for the item?
The lawyer noted that one of the identified dark patterns is grinding, which is making a free version of a game so cumbersome and labor-intensive that players are induced to unlock new features with in-app purchases. He said that they are set up in a way that no purchase is needed but the game is so difficult that the practical reality for the average person is going to buy something.
Deceiving or Tricking Players
He added that the rise in dark pattern lawsuits, including from federal and state agencies and consumers, is not a "sky falling" situation for the gaming industry. However, he warned that game developers should take care. Weiss advised them to be honest and transparent to avoid any confusion with players.
Weiss also warned that what is and is not a dark pattern is still open to interpretation, adding that the standards are unclear. He noted that it is not prescriptive, and it is instead very broad, said Yahoo News.
The website Deceptive Patterns has already cataloged traditionally recognized examples of dark patterns in the gaming industry. These include hard-to-cancel subscriptions and fake user reviews. The site also makes a case for the use of a term that does not sound like an omen issued by a council of wizards.
One of the most known cases of a dark patterns lawsuit was when millions of Fortnite players were allowed to claim their small part of the $245 million that the game's parent company agreed to pay as part of a settlement with the FTC.
In December 2019, Epic Games settled allegations with the commission that it used deceptive tactics that drove users to make unwanted purchases within the game. The FTC later opened the claims process for the more than 37 million potentially affected users who qualified for compensation, according to CNN.
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