The short answer
Dark patterns are design tricks that push players into choices they didn't mean to make, like a confirm button in the spot where cancel was a moment ago. In 2022, the FTC took action against Epic Games over dark patterns in Fortnite15. To protect your child, require purchase approval, handle consent screens yourself, and teach them to stop and show you before tapping anything that costs money.
- What is a dark pattern?
- A design trick built to push you into a choice you didn't intend, like a confirm button where cancel was a moment ago.
- What is a consent screen?
- The pop-up asking you to accept ads and data sharing, which can list hundreds of advertising partners.
The tricks regulators found in Fortnite
In 2022, the FTC took action against Epic Games over what it called "dark patterns": design tricks it said led players into unwanted purchases15.
Same button, opposite meaning
The same button could cancel on one screen and confirm a purchase on the next, so a child who'd just learned "circle cancels" would find "circle confirms" moments later18.
Preview next to buy
The FTC alleged Epic put the button to preview an item very close to the button to buy it, so one misplaced tap could buy it19.
Charged while loading
Players reported being charged while the game was loading, or waking up from sleep mode19.
Simplified illustrations of the patterns the FTC described, not screenshots from the game.
Key facts
Free to quote, with a link to this page
- $245M
to fund refunds for Fortnite players, after the FTC alleged Epic Games used dark patterns, plus a further $275 million penalty over alleged child privacy violations20.
Source: Loeb & Loeb LLP
- 100s
of registered ad-tech vendors in the ad industry's main consent framework, IAB Europe's TCF, any of which a single banner could list23.
Source: IAB Europe
- 90%
of young adults in one small study accepted or closed a consent banner just to carry on, and none read it24.
Source: Springer Nature
How ad-funded games collect data on children
New Mexico's Attorney General sued a children's game developer, alleging its apps used ad software from AdMob, InMobi, AppLovin and others to track children for personalised ads, in breach of US child privacy law21.
Then there's the consent screen. Consent screens can list hundreds of advertising partners, each with its own toggle, and often put "Accept" on the first screen with no equally easy "Reject all"22. The ad industry's main consent framework, IAB Europe's TCF, has hundreds of registered ad-tech vendors, any of which a single banner could list23.
Child-privacy experts point out that these frameworks make no provision for parental consent, even on children's sites where no parent is likely to be present26. If adults skip past them, a child reaching for the "Play" button underneath almost certainly does too.
Protect your child in 3 steps
Require purchase approval
With approval on, a tap on a confusing button can't turn into a charge9. The in-app purchases chapter has the settings.
Where to find it: Family Link, Controls, Google Play, Require approval for
Handle consent screens yourself
When a new game opens with a privacy or cookie screen, make the choice yourself before handing the device over, rather than leaving your child to tap through it.
Practise spotting the tricks together
Open a game's shop with your child. Which button buys? Which one cancels? Is the price in coins or pounds? Spotting the trick together makes it easier to resist.
Myth vs fact
What parents often hear, checked against the sources
Myth
“Accidental purchases mean a careless child.”
Fact
The FTC says millions of Fortnite players were tricked into unwanted purchases by the game's design15. It's the design, not the child.
The most important part
Falling for a dark pattern isn't a mistake. It's the design working.
These aren't edge cases or rare bad actors. Fortnite, one of the world's biggest games, was penalised only after, the FTC says, millions of players had been tricked into unwanted purchases15. Confusing buttons, mismatched confirm and cancel actions, and consent screens built to be skipped are design choices, not accidents.
So if your child taps the wrong thing, it says nothing about how careful they are. Teaching them, and yourself, to spot the tricks is what helps.
Spotting the tricks together
Make it a game, not a lecture:
Which button do you think buys it?
Children enjoy catching a trick out. It turns them from targets into detectives.
How much is 500 gems in real money?
Turning coins back into pounds makes real money feel real again.
If a button confuses you, stop and show me.
A simple rule that turns a mis-tap into a conversation.
Put it into practice
Actions you can take now
Everything this chapter covers, as a short to-do list you can work through now, while it's fresh.
Quick wins, a few minutes each. Tick them off as you go.
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Common questions
What are dark patterns in games?
Design tricks that push players into choices they didn't intend, like accidental purchases. In 2022, the FTC took action against Epic Games over dark patterns in Fortnite15, including a button that cancelled on one screen and confirmed a purchase on the next18.
How much did Epic Games pay over Fortnite's dark patterns?
$245 million to fund refunds for players, plus a further $275 million penalty over alleged child privacy violations: at the time, the largest for breaking an FTC rule20.
Should my child accept consent screens in games?
It's better to make that choice yourself. The consent frameworks make no provision for parental consent26, and research suggests few people read them, adults included2425.
Do ads in children's games collect data?
They can. New Mexico's Attorney General sued a children's game developer, alleging its apps used ad software from AdMob, InMobi, AppLovin and others to track children for personalised ads21.
Sources
- Google For Families Help, Purchase approvals on Google Play · support.google.com
- Federal Trade Commission, Fortnite Video Game Maker Epic Games to Pay More Than Half a Billion Dollars over FTC Allegations of Privacy Violations and Unwanted Charges (2022) · ftc.gov
- Google Play Help, Purchase verification for Google Play · support.google.com
- Dentons Commercial Litigation Blog, Dark times for ‘Dark Patterns’? Epic Games settles over unauthorized micro-transactions · commerciallitigationblog.com
- Federal Trade Commission, $245 million FTC settlement alleges Fortnite owner Epic Games used digital dark patterns · ftc.gov
- Loeb & Loeb LLP, Fortnite Video Game Maker Settles FTC Privacy, Deception Claims for Record $520 Million · loeb.com
- Parent Coalition for Student Privacy, Google Lawsuit, COPPA, Investigating and Blocking Ad Trackers in Children’s Apps · studentprivacymatters.org
- Secure Privacy, Cookie Banner Dark Patterns: The New Manipulation Tactics Regulators Are Targeting · secureprivacy.ai
- IAB Europe, TCF Vendor List · iabeurope.eu
- Springer Nature, ‘Stay Out of My Way!’: The Impact of Cookie Consent Notice Design on Young Users’ Decision · link.springer.com
- EMARKETER, Over half of Gen Z and millennials often or always accept cookies · emarketer.com
- PRIVO, Cookies, Consent & Children Prove a Challenge · privo.com
Page updates
- Chapter 06 published as its own page.
