Amazon Fined In Poland For Dark Pattern Design Tricks (techcrunch.com) 16
Poland has fined Amazon close to $8 million for misleading consumers about the conclusion of sales contracts on its online marketplace. The sanction "also calls out the e-commerce giant for deceptive design elements which may inject a false sense of urgency into the purchasing process and mislead shoppers about elements like product availability and delivery dates," reports TechCrunch. From the report: The country's consumer and competition watchdog, the UOKiK, has been looking into complaints about Amazon's sales practices since September 2021, following complaints from shoppers, including some who did not receive their purchases. The authority opened a formal investigation into Amazon's practices in February 2023. Wednesday's sanction is the conclusion of that probe. The UOKiK found consumers who ordered products on Amazon could have their purchases subsequently cancelled by the tech giant as it does not treat the moment of purchase as the conclusion of a sales contract, despite sending consumers confirmation of their order -- even after consumers have paid for the product. For Amazon, the conclusion of a sales contract only occurs once it has sent information about the actual shipment. [...]
Its enforcement also calls out Amazon for using deceptive design to encourage shoppers to click buy by presenting misleading information about product availability and delivery windows -- such as by listing how many items were in stock to be purchased and providing a countdown clock to order an item in order to get it on a particular delivery date. Its investigation found Amazon does not always meet these deadlines for orders, nor ship products immediately as they may be out of stock despite claims to the contrary shown to consumers. "Amazon treats the data it provides on availability and shipping date as indicative but the way it is presented does not indicate this," the UOKiK noted, adding: "Consumers can only find out about this in the terms of sale on the platform."
While Amazon does offer a delivery guarantee -- offering a refund if items do not ship within the stated time -- the authority found it failed to provide consumers with information about the rules of this service before placing an order. It only offers details at the order summary stage. And then only "if the consumer decides to read the subsequent links specifying delivery details." Shoppers who did not follow the link to read more may not have been aware of their right to apply for and receive a refund from Amazon if there is a delay in shipment. It also found the e-commerce giant failed to provide information about the "Delivery Guarantee" in the purchase confirmation sent to shoppers. Amazon said it will appeal the fine. The company also writes: "Fast and reliable delivery across a wide selection of products is a top priority for us, and Amazon.pl has millions of items available with fast and free Prime delivery. Since launching Amazon.pl in 2021, we have continuously invested and worked hard to provide customers with a clear, reliable delivery promise at check out, and while the vast majority of our deliveries arrive on time, customers can contact us in the rare event that they experience a delay or order cancellation, and we will make it right.
Over the last year, we have collaborated with the Office of Competition and Consumer Protection (UOKiK), and proposed multiple voluntary amendments to continue to improve the customer experience on Amazon.pl. We strictly follow legal standards in all countries where we operate and we strongly disagree with the assessment and penalty issued by the UOKiK. We will appeal this decision."
Its enforcement also calls out Amazon for using deceptive design to encourage shoppers to click buy by presenting misleading information about product availability and delivery windows -- such as by listing how many items were in stock to be purchased and providing a countdown clock to order an item in order to get it on a particular delivery date. Its investigation found Amazon does not always meet these deadlines for orders, nor ship products immediately as they may be out of stock despite claims to the contrary shown to consumers. "Amazon treats the data it provides on availability and shipping date as indicative but the way it is presented does not indicate this," the UOKiK noted, adding: "Consumers can only find out about this in the terms of sale on the platform."
While Amazon does offer a delivery guarantee -- offering a refund if items do not ship within the stated time -- the authority found it failed to provide consumers with information about the rules of this service before placing an order. It only offers details at the order summary stage. And then only "if the consumer decides to read the subsequent links specifying delivery details." Shoppers who did not follow the link to read more may not have been aware of their right to apply for and receive a refund from Amazon if there is a delay in shipment. It also found the e-commerce giant failed to provide information about the "Delivery Guarantee" in the purchase confirmation sent to shoppers. Amazon said it will appeal the fine. The company also writes: "Fast and reliable delivery across a wide selection of products is a top priority for us, and Amazon.pl has millions of items available with fast and free Prime delivery. Since launching Amazon.pl in 2021, we have continuously invested and worked hard to provide customers with a clear, reliable delivery promise at check out, and while the vast majority of our deliveries arrive on time, customers can contact us in the rare event that they experience a delay or order cancellation, and we will make it right.
Over the last year, we have collaborated with the Office of Competition and Consumer Protection (UOKiK), and proposed multiple voluntary amendments to continue to improve the customer experience on Amazon.pl. We strictly follow legal standards in all countries where we operate and we strongly disagree with the assessment and penalty issued by the UOKiK. We will appeal this decision."
Order by x:xx to receive by ... (Score:2)
I've found that when Amazon says to order by a certain time to get delivery on a certain date, they're usually right. Of course, the trick is that on many items, Amazon's shipping is so fast that they intentionally add a day into the process before it ships, likely in hopes of combining orders. Or at least it seems that way, as items usually take a day to ship and then a day to deliver.
Re: (Score:2)
But when they're wrong, you can't prove it because the confirmation email never tells you the expected delivery date.
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Yes,
And they have started intentionally changing the receipts and shipment confirmations on their website.
I have seen it happen many times like:
1. Estimated arrival 12th
2. 12th comes, I check again
3. Package delayed, ask for refund if not arrived by 15th
4. Try cancellation, no longer possible since it is "shipped"
5. 15th comes, check back again
6. Estimated arrival 20thh
7. Contact customer service, and hope they help, most likely answer is still "return it after it arrives"
8. All this for "next day delivery"
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I would comment on this ... (Score:2)
Gotta run now.
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Just because smaller shops haven't been caught yet, doesn't make them moral.
Take that! (Score:3)
Yeah, $8 million! Take that, Amazon!
Remember to always get your refunds from Amazon, it helps drive prices up and keeps small businesses operating.
Re: (Score:3)
The goal is not to extract massive sums of money from Amazon. The goals are:
1. Restitution, i.e. how much profit Amazon made from this. Apparently that is $8 million.
2. Stop them doing it in future. If they continue, the fines will get larger because they include a non-compliance component.
Dark-skinned people don't take lightly (Score:2)
to the term "dark pattern". Just call them "sneaky patterns".
Two things annoy me about Amazon: first, it defaults to the more expensive shipping option so one has to remember to inspect all the shipping options. Second, it tricked me into signing up for Amazon Prime via convoluted buttons. True, if you cancel it in time you don't get billed extra, but if somebody didn't notice, they could get zapped.
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to the term "dark pattern". Just call them "sneaky patterns".
Bad troll. Come up with something more clever.
Re: (Score:1)
> Come up with something more clever.
That's your job, you are the one who is allegedly smarter than me.
Unless you live in Poland... (Score:2)
Reading between the lines, I suspect that the regulator has raised the issues, based on customer complaints, has tried to engage in constructive dialogue with Amazon to put things right, & Amazon have played hard-ball, like many US companies do & so the regulator has had to start fining them.
Wherever companies are involved that have a track record of playing hard-ball & being uncooperative, EU agencies should just adopt a straightforward policy of missing ou
Re: Unless you live in Poland... (Score:2)
Note: Poland is a part of EU. Should Amazon fail to cooperate, the things will escalate to EU level.
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