This article was published on Feb. 20, 2025, at 6 p.m. on the ChosunBiz RM report site.
Despite the enforcement of the detailed regulations of the online "dark pattern" (deceptive practices), it has been found that major platforms like Adobe, YouTube, and Coupang still maintain problematic sales methods, such as selling memberships for image and video editing programs for a limited period. There are calls for the Fair Trade Commission to monitor and regulate more actively.
◇ The terms still state “automatic billing at the end of the trial period”
According to a summary of ChosunBiz reporting on the 21st, Adobe, the brand behind design tools like Photoshop and Premiere, confirmed that it maintains terms stating, "Charges of ₩00/month (including tax) will apply after the (free trial) promotion period ends," and "The subscription will automatically renew unless changed or canceled before the subscription period ends."
Video content platform YouTube also stipulates in its terms that "unless canceled during the (free) trial period, the displayed price will be automatically charged, and charges will continue monthly until canceled from the first payment date."
According to the amended enforcement decree and rules related to dark patterns, when transitioning from a "free trial" to a paid subscription for online subscription products, explicit consent from the consumer must be obtained again. Even if consent was given regarding this at the time of the initial contract, a renewed expression of consent is required for the transition to paid service. Merely sending a payment notification email does not constitute implicit consent. This also applies when renewing the subscription after the original contract period ends.
◇ The option of ‘cancellation fee’ is automatically selected… subscription is one step, cancellation is three steps
Adobe is also suspected of maintaining dark pattern design in its cancellation fee scheme. The cancellation fee policy of Adobe has been a persistent source of consumer complaints. Adobe operates three payment methods: ① monthly plan, ② annual plan with monthly payments, and ③ annual plan with (one-time) upfront payment. The payment amounts vary depending on the method, and cancellation can be done for free within 14 days.
Among these, the second option, 'annual plan with monthly payments,' is the cheapest but uniquely has the condition that 'a 10% cancellation fee of the annual amount applies if canceled after 14 days.' If a consumer forgets to cancel within 14 days, a 10% fee (as a penalty) of the yearly subscription amount is charged, effectively coercing them to continue using the service. The issue is that Adobe has pre-selected this option as automatic. Choosing a business-friendly option in advance and guiding consumers to unknowingly overlook it is also one of the dark pattern behaviors prohibited by the Fair Trade Commission.
This cancellation fee structure of Adobe is complex and lacks clear notice. The text indicating that a cancellation fee applies is smaller and less visible compared to the expected payment amount. To check the relevant terms, one must navigate through several pages, making it cumbersome to find. This behavior has also been pointed out as problematic in the United States. The Federal Trade Commission (FTC), the U.S. competition authority, charged Adobe's vice president and the head of its Digital Media Division last year for these cancellation fee-related dark patterns.
Coupang, an e-commerce platform, maintains a setup for its subscription service, "Wow Membership," where starting the subscription requires just one button click, but canceling requires three steps. If the number of steps to cancel or withdraw exceeds those for purchasing, joining, or entering a contract, it could be judged as a complex design aimed at hindering cancellation.
◇ Fair Trade Commission: “No unusual issues detected yet”... “Need to consider the level of sanctions”
Given that it has only recently been implemented, the Fair Trade Commission is currently monitoring and waiting for voluntary improvements from businesses. When a report is received, local offices can initiate an investigation, or if the matter is serious, the Fair Trade Commission headquarters may conduct a 'supervisory investigation,' but it is still considered premature at this time. A Fair Trade Commission official noted, "We are continuing to monitor through the Korea Consumer Agency."
It is pointed out that more active inspections by the Fair Trade Commission are necessary, given the situation where changes by corporations can only be expected through specific consumer reports. Lee Jeong-hee, a professor of economics at Chung-Ang University, stated, "Dark patterns are so cunning that there are limitations to enforcement,” and added, “The Fair Trade Commission must actively receive consumer reports and continuously monitor new techniques." He continued, saying, “The companies mentioned as problematic now, such as Adobe, YouTube, and Coupang, all share the common feature of being American corporations. If the sanctions by the Fair Trade Commission on American companies become more burdensome under the Trump administration, dark pattern behaviors by foreign corporations are likely to become even more problematic in the future.”
He also pointed out that there is a need for long-term consideration of an appropriate level of sanctions. This professor remarked, "If the revenue that can be obtained through dark patterns amounts to hundreds of millions of won, then a fine of 5 million won is nothing for companies," and added, "If the number of cases of dark pattern violations continues to increase even with the current level of sanctions, consideration must be given to strengthening the level of sanctions."
Earlier, on the 14th, an amended enforcement decree and rules for the electronic commerce law were implemented, regulating six types of dark patterns and clarifying punishment regulations. According to this, if online dark pattern actions or omissions violate obligations, the Fair Trade Commission can impose correction orders and fines of up to 5 million won. However, the penalty standards vary according to the number of violations: ▲ 1st violation (3 months business suspension and 1 million won fine), ▲ 2nd violation (6 months and 2 million won), ▲ 3rd and beyond (12 months and 5 million won).