FTC v. Uber, ACCC targets HelloFresh & Youfoodz, New Zealand’s report on online safety of children
Fair Monday is FairPatterns' weekly analysis of regulatory developments, enforcement actions, and dark pattern cases affecting digital trust and consumer protection. Every Monday, we break down complex legal actions to help businesses understand how to build ethical digital experiences.
We deliver the latest developments in regulatory enforcement, class action lawsuits, and industry accountability, tracking how major platforms are being held responsible for deceptive practices that manipulate user behavior, exploit consumer trust, and undermine digital rights. Whether you're a legal professional, UX designer, compliance officer, or simply a consumer who wants to understand how digital deception works, Fair Monday provides the insights, case analysis, and precedent-setting developments you need to navigate the evolving landscape of digital fairness.
FTC + 21 states target Uber's subscription dark patterns
On December 15, 2025, the Federal Trade Commission's lawsuit against Uber Technologies gained significant momentum when 21 state attorneys general and the District of Columbia joined the federal enforcement action. The amended complaint alleges systematic violations of the Restore Online Shoppers' Confidence Act (ROSCA) and state consumer protection laws related to Uber's Uber One subscription service.
The coalition claims Uber implemented multiple deceptive practices: enrolling consumers without explicit consent, charging users before free trial periods concluded, failing to deliver promised benefits including $0 delivery fees and $25 monthly savings, and creating an intentionally complex cancellation process requiring users to navigate up to 23 screens and complete 32 separate actions.
This case represents a strategic shift in negative option enforcement. When Maryland leads 20 other states into coordinated federal litigation, it signals that subscription dark patterns have moved from regulatory concern to active prosecution priority.
The amended complaint establishes clear enforcement expectations for subscription services: affirmative consent mechanisms must be implemented before charging, disclosures about auto-renewal terms must be clear and conspicuous, promised benefits must be delivered as advertised, and cancellation processes must be genuinely simple.
ROSCA requires that consumers can cancel subscriptions through a "simple mechanism" that doesn't require navigation through multiple screens or completion of unnecessary steps. The 23-screen cancellation flow alleged in the Uber case provides a specific example of what regulators now consider actionable obstruction.
Enforcement coalition: FTC, Alabama, Arizona, California, Connecticut, DC, Illinois, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Virginia, West Virginia, Wisconsin
ACCC targets HelloFresh & Youfoodz for subscription traps
On December 16, 2025, the Australian Competition and Consumer Commission filed separate Federal Court proceedings against HelloFresh Australia and Youfoodz (both owned by HelloFresh SE) alleging systematic use of subscription dark patterns that prevented consumers from canceling first deliveries despite clear cancellation instructions.
Both companies advertised that customers could "cancel anytime" through online account settings before a specified cut-off date. However, the ACCC alleges the subscription systems were "intentionally designed" so that online cancellation was technically impossible for first deliveries—the only actual cancellation method was contacting customer service, a requirement never disclosed during signup, in FAQs, or in cancellation instructions.
Youfoodz compounded the deception by sending confirmation messages after consumers completed online cancellation steps stating "You will no longer receive any additional charges" and "You will not be charged for this delivery"—then charging them anyway.
Scale of consumer impact: Over 100,000 Australian consumers were affected:
- HelloFresh: 62,061 customers charged despite canceling before the cut-off deadline (representing 79% of the 78,266 who attempted cancellation)
- Youfoodz: 39,408 customers charged despite canceling before the cut-off deadline (representing 80% of the 49,435 who attempted cancellation)
Despite the scale, only a fraction received refunds—13,831 HelloFresh customers and 6,299 Youfoodz customers obtained full refunds.
ACCC Commissioner Luke Woodward stated the cases involve "a suite of confusing and unclear subscription practices in breach of Australia's consumer laws." The regulator seeks compensation orders, financial penalties, compliance program implementation, and public declaration of contraventions.
New Zealand Parliament flags platform design as core child safety risk
On December 10, 2025, New Zealand's Education and Workforce Committee released an interim report from its inquiry into online harms affecting young people, establishing a direct causal link between platform design choices and psychological, social, and developmental harm to minors. Based on over 400 submissions from families, educators, NGOs, and digital safety experts, the report explicitly identifies design patterns as harm mechanisms rather than neutral technical features.
The Committee catalogued specific design elements that contribute to compulsive use and wellbeing degradation:
- Infinite scroll features enabling endless content browsing
- Recommendation algorithms that amplify shocking or harmful content
- Short-form video formats (Instagram Reels, TikTok) reducing attention spans
- Beauty filters reinforcing harmful appearance standards and affecting self-esteem
- Gaming mechanics (loot boxes, gacha systems) exposing minors to gambling-like behaviors
- Data extraction practices harvesting behavioral signals including scroll speed, replay frequency, and typing rhythms
The report emphasizes that New Zealand currently lacks any regulatory mechanism to oversee platform architecture or algorithmic systems, despite documented evidence that harmful design patterns stem directly from commercial incentives prioritizing engagement over safety. The Committee identified a fundamental conflict of interest between platforms' business models and child protection obligations.
The Committee's majority view supports establishing a national online safety regulator with authority to oversee platform design decisions. A final report containing specific regulatory recommendations will be published in 2026, with potential implications for companies operating in the New Zealand market.
As 2025 closes, we're grateful to bring you the latest regulatory insights shaping digital trust. Wishing you a fair and transparent 2026—may your digital experiences prioritize users over manipulation. Thank you for reading Fair Monday.
The regulatory landscape is shifting rapidly. FairPatterns uses AI-powered technology to automatically detect and eliminate manipulative design patterns across your digital properties:
Check our dark patterns screening solution: https://www.fairpatterns.com/solutions/fairaudit-ai
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