Julian Ferguson

Overview If you’ve browsed online sales events, tried to unsubscribe from a subscription service or put something in an online shopping cart but not completed a purchase, the chances are you’ve come across “dark patterns”. A dark pattern is a manipulative design strategy used in e-commerce to trick, sway or distort consumer choice. According to a 2024 review by the International Consumer Protection and Enforcement Network, 76% of websites and mobile apps worldwide employ at least one dark pattern.

With Australians reporting approximately $4.7 billion in losses to scams [1] in the period covering 2023-24, concerns about the consumer harm arising from scam activity remains a hot-button issue in Australia’s digital regulation landscape. This is despite industry-specific efforts to combat scam activity over recent years.

On 20 February 2025, the Australian Competition and Consumer Commission (“ACCC”) Chair, Gina Cass-Gottlieb, announced the regulator’s annual enforcement and compliance priorities for 2025-26 at a Committee for Economic Development of Australia (“CEDA”) event.