ACCC Enforcement Roundup: March 2026 — 5 Dark Pattern Cases That Show Where the Law Is Heading

The ACCC isn't waiting for the Unfair Trading Practices Bill to pass. It's already prosecuting dark patterns under existing Australian Consumer Law provisions — and the cases are getting bigger, faster, and more aggressive.

Here are five enforcement actions from the past twelve months that every Australian business needs to understand. Each one reveals a specific dark pattern type, a specific legal risk, and a specific lesson for your website.

Case 1: Microsoft — The Hidden Cheaper Plan ($50M+ Exposure)

What happened: In late 2025, Microsoft raised the price of Microsoft 365 Personal and Family plans by up to 45% when it bundled Copilot AI features into the subscription. A cheaper “Classic” plan without Copilot existed — but Microsoft didn't tell its 2.7 million Australian subscribers about it.

The only way to discover the Classic plan? Start the cancellation process. Microsoft buried the cheaper option inside the cancellation flow, where it appeared as a retention offer — not as a standalone product available to all customers.

The dark pattern type: Misdirection and false hierarchy. By hiding the cheaper option behind the cancellation wall, Microsoft steered millions of customers toward the more expensive plan by default. The overall impression was that the price increase was unavoidable.

The legal basis: The ACCC filed proceedings under ACL sections 18 (misleading or deceptive conduct) and 29 (false or misleading representations about price). The core argument: failing to prominently disclose a material alternative is just as misleading as making a false claim.

What it means for your website: If you offer multiple pricing tiers, all options must be prominently and equally disclosed. Hiding a cheaper alternative inside a cancellation or downgrade flow — even if it's technically available — creates misleading conduct risk. The “overall impression” test under s18 doesn't care that the information was theoretically accessible.

Penalty status: Proceedings ongoing. Given the scale (2.7 million affected customers), penalties could exceed $50 million. For detailed background on Microsoft's ACL exposure, see our Dark Patterns Under Australian Consumer Law overview.

Case 2: JustAnswer — The $2 Bait-and-Switch ($50–90/Month Reality)

What happened: JustAnswer advertised access to professional advice for a one-time fee of $2. What consumers actually received was a recurring subscription costing $50 to $90 per month — at least 25 times the advertised price.

The subscription was buried in small print during the sign-up process. Many consumers didn't realise they'd been enrolled until unexpected charges appeared on their credit card statements. JustAnswer also allegedly represented itself as affiliated with Australian government services — a claim with no factual basis.

The dark pattern type: Drip pricing combined with a subscription trap. The headline price was a fraction of the actual cost, and the true cost was disclosed only after the consumer had committed. Once enrolled, cancellation was difficult.

The legal basis: ACL sections 18 and 29 — misleading representations about the price of services and the nature of the subscription. The ACCC also alleged misleading representations about government affiliation under s29(1)(g).

What it means for your website: Any gap between your advertised price and your actual recurring cost is a compliance landmine. If your sign-up flow converts a one-time payment into a subscription, every step must make the recurring nature of the charge unmistakably clear. “Fine print” disclosure is not adequate disclosure.

Penalty status: Proceedings filed September 2025. The ACCC is seeking penalties, consumer redress, and injunctions.

Case 3: eHarmony — Auto-Renewal at Higher Prices

What happened: eHarmony offered introductory subscription plans with promotional pricing. When those plans expired, they automatically renewed at significantly higher prices. The renewal terms — including the price increase — were buried in the terms and conditions rather than presented prominently during sign-up.

Consumers reported difficulty cancelling and were surprised by charges they didn't expect. The gap between the introductory price and the renewal price was substantial enough that many consumers would not have signed up had they understood the full cost commitment.

The dark pattern type: Forced continuity. The subscription continued automatically at a higher price without adequate notice or easy cancellation. The introductory offer created a misleading impression about the ongoing cost.

The legal basis: ACL sections 18 and 21 — misleading conduct regarding the true cost of the subscription and unconscionable conduct in the renewal and cancellation process. This case also triggers the proposed subscription contract requirements under the UTP Bill, which mandate clear renewal notices and easy cancellation. Read more in our ACCC Subscription Trap Compliance guide.

What it means for your website: If your subscription auto-renews at a different price, the renewal price and date must be disclosed as prominently as the introductory price. Burying renewal terms in your T&Cs is not adequate. Under the proposed UTP Bill, you'll also need to send reminder notices before each renewal.

Penalty status: Under ACCC investigation. Given the trajectory of penalties in this space, enforcement action is likely.

Case 4: Dendy Cinemas — Drip Pricing at Checkout ($19,800 Fine)

What happened: Dendy Cinemas displayed ticket prices on its website without including mandatory booking fees. The fees — typically $1.50 to $2.50 per ticket — only appeared at the final checkout stage, after the consumer had selected their session, seats, and entered their payment details.

While the individual booking fee was small, the practice affected every online transaction. The ACCC issued Dendy with an infringement notice totalling $19,800 — a modest penalty, but one that signals enforcement intent for drip pricing across the entertainment and events industry.

The dark pattern type: Drip pricing. The total price was dripped to the consumer progressively through the purchase journey, with mandatory fees withheld until the consumer was psychologically committed to the transaction.

The legal basis: ACL section 48 (component pricing requirements) and section 18 (misleading representations about price). Section 48 has required total price disclosure since 2011 — but enforcement has historically been light. That's changing.

What it means for your website: If your website charges any fee that is mandatory for completing a transaction — booking fees, service charges, processing fees — that fee must be included in the displayed price or prominently disclosed alongside it from the first moment a price appears. Revealing it at checkout is a drip pricing violation.

Penalty status: $19,800 infringement notice paid. But note the ACCC's penalty escalation pattern: infringement notices come first, then Federal Court proceedings with penalties in the millions. For context on how penalties are growing, see our analysis of ACCC penalty escalation.

Case 5: Dreamscape Networks (Crazy Domains) — Free Gifts That Weren't Free ($56,340 Fine)

What happened: Dreamscape Networks, operating under the Crazy Domains brand, offered “free” add-on services with domain name registrations — including email hosting and website builders. The add-ons were genuinely free for the initial period.

The catch: the free add-ons automatically renewed at paid rates after the initial period. Consumers who signed up for a $10 domain registration found themselves charged for premium services they never intended to purchase. The renewal was buried in the terms and conditions, and the cancellation process was not straightforward.

The dark pattern type: Sneaking and pre-selected add-ons combined with forced continuity. The “free” framing obscured the true cost, and the auto-renewal converted a complimentary service into a paid subscription without adequate notice.

The legal basis: ACL section 18 — the overall representation that the services were “free” was misleading when the free period automatically converted to a paid subscription.

What it means for your website: If you offer free trials or complimentary add-ons that convert to paid subscriptions, the conversion terms must be disclosed with equal prominence to the “free” offer. A buried T&C clause is not sufficient. Under the proposed UTP Bill, you'll need to send explicit reminder notices before any free-to-paid conversion.

Penalty status: $56,340 in infringement notices. Dreamscape also provided court-enforceable undertakings to change its practices.

The Pattern: What These Cases Tell Us

Five cases. Five different dark pattern types. But one consistent enforcement approach:

1. The ACCC targets the consumer experience, not the legal technicality. Having the information “somewhere on the website” is not a defence. The overall impression — what a reasonable consumer actually experiences — is what matters under s18.
2. Penalties are escalating rapidly. Dendy paid $19,800. Dreamscape paid $56,340. Microsoft and JustAnswer face penalties in the tens of millions. The trajectory is clear — and the UTP Bill will make it steeper. See our penalty escalation analysis for the full picture.
3. No industry is exempt. These cases span tech (Microsoft), professional services (JustAnswer), dating (eHarmony), entertainment (Dendy), and web hosting (Dreamscape). If your business has a website with a purchase or sign-up flow, you have dark pattern exposure.
4. Existing law is sufficient. Every one of these cases was brought under current ACL provisions — sections 18, 21, 29, and 48. The UTP Bill adds new prohibitions, but the ACCC doesn't need it to act now.

What to Do Now

If your website does any of the following, you have enforcement risk today — not in 2027:

• Hides cheaper pricing options behind cancellation or retention flows
• Advertises a headline price that doesn't include mandatory fees
• Auto-renews subscriptions at different prices without prominent disclosure
• Adds fees at checkout that weren't visible on the pricing page
• Converts free trials to paid subscriptions without clear notice

The ACCC is conducting active website sweeps. It has dedicated digital enforcement teams. And the penalties make enforcement action financially devastating for businesses of any size.

Want to check if your website has similar patterns? Run a free scan at trustscan.com.au/scan and get your compliance baseline in minutes.

For a complete reference on every dark pattern type under Australian Consumer Law, see our Dark Pattern Glossary. For a step-by-step audit methodology, read our Unfair Trading Practices Audit guide.