[HN Gopher] I analyzed SaaS billing dark patterns
       ___________________________________________________________________
        
       I analyzed SaaS billing dark patterns
        
       Author : indus
       Score  : 81 points
       Date   : 2021-11-17 16:48 UTC (1 days ago)
        
 (HTM) web link (quolum.com)
 (TXT) w3m dump (quolum.com)
        
       | jedberg wrote:
       | This is a very cynical take. Not all of these things are designed
       | to trick you.
       | 
       | For example, requiring a credit card for a free trial is to
       | prevent free trial abuse. A normal person can only get so many
       | valid credit card numbers, assuming you can detect burner cards
       | (which for the most part the CC companies will happily help you
       | do).
       | 
       | Yes, a good company will notify you that a trial is going paid,
       | and a great company will require an affirmative action on your
       | part, but the main goal isn't to trick you and hope you forget.
       | 
       | Also, the part about not prorating costs if you use less
       | resources. Usually you get a discount for paying up front. The
       | reason you get a discount is because it allows the company to do
       | more efficient resource planning, a savings they pass on to you.
       | If they allowed you to cut back, you haven't upheld your part of
       | the deal. A big company can absorb the loss, but a small one
       | can't.
       | 
       | Yes, some companies do these are dark patterns to increase their
       | profits. But most have some pretty good non-nefarious reasons to
       | act like they do.
        
         | moneywoes wrote:
         | Does Stripe detect something like privacy.com?
        
       | hdjjhhvvhga wrote:
       | > Free trials should not require a credit card. Collecting your
       | payment information is an obvious red flag that you will be
       | billed as soon as the free trial period ends.
       | 
       | I remember many people on HN defending this pattern saying that
       | they are not interested in people who don't want to provide their
       | CC details, that they are bad customers, they just want a free
       | ride, and they are not sorry for setting it up like this. Oh
       | well. I guess with time more people get burned and will finally
       | learn the hard way this is just one of many grey patterns.
        
         | rapind wrote:
         | How is this a dark or "grey" pattern. Are they being sneaky
         | about it?
         | 
         | At most it could be a signal that a business intends to be a
         | douche, but that's only because douchey companies ruined it.
         | Just like duchey free customers ruined that for everyone.
         | 
         | My employer probably thinks payroll is a "grey" pattern by this
         | logic.
        
         | CPLX wrote:
         | This one doesn't bother me. In this scenario they're providing
         | a real actual product that presumably they've worked hard on
         | and has value. The free trial is their way of demonstrating
         | that they have faith it's a good product and I'll want it. My
         | credit card is a way of demonstrating that I'm a real customer
         | that will pay if I do turn out to value it.
         | 
         | That seems like a reasonably balanced transaction on both
         | sides, not sure it fits into this framework. There are so many
         | far far worse practices out there.
        
         | rhizome wrote:
         | This is exactly right. For years it was conventional business
         | wisdom and best practice to focus on getting the CC. We could
         | probably find some pretty embarrassing (for the web industry)
         | threads if we wanted to look.
        
         | human wrote:
         | Requiring a credit card for a trial is fine, as long as you
         | don't convert automatically to a paying membership. And if you
         | do, please send me a reminder a week before at least.
        
           | dhimes wrote:
           | I'll add: A reminder with an opt-out link.
        
         | dqv wrote:
         | It's about what pisses off fewer customers. If I was stubborn
         | and believed everything I read on HN about customers, I would
         | continue to piss off a lot of people by designing under the
         | assumption that I should only get CC details at the end of the
         | trial.
         | 
         | For certain types of customers, it is surprising and annoying
         | to have to fill out CC info at the end of a trial. The customer
         | gets the notice the trial is ending soon, but ignores the part
         | about adding CC info to keep using after the trial. Then the
         | day comes, we get them on the phone to ask if they will stay
         | with us, they say yes but the person who has control of the CC
         | is gone for the day. _You're not really going to turn it off
         | are you?_ Sorry, but we have to.
         | 
         | So the easy solution is to make the credit card form
         | recommended but skippable. Skippers just need to know that the
         | trial won't be extended if they can't pay. In either case, they
         | still need to give the OK to charge at the end of the trial.
        
       | digitalengineer wrote:
       | Hubspot. The yearly plan is way cheaper. But you need to cancel
       | it 3 months in advance or you're on the hook for 'the same
       | period', thus another year. No reminder email of course.
        
         | rsstack wrote:
         | FullStory sent us a reminder email last week that we need to
         | cancel 2 months before the annual contract ends. I started a
         | Slack thread, we all agreed we love FullStory, done. I think
         | SaaS that try to trick their customers by not reminding them
         | about their cancellation policy (which isn't consistently 1
         | month, 2 months, or anything, and is hard to track when you're
         | a small startup) are just afraid their product isn't good
         | enough or valuable enough for people to renew. Instead of
         | improving their product, some exec can say "let's not remind
         | them", and get about the same rate of retention.
        
         | indus wrote:
         | applicable to a majority of annual contracts of top SaaS
         | vendors.
        
       | encoderer wrote:
       | Of all the nasty things somebody can do with billing, I'm
       | surprised the author leads with card-upfront trials.
       | 
       | "Free trials should not require a credit card."
       | 
       | This is opinion presented as fact. This is not a dark pattern.
       | Totally unrestricted free trials are wonderful, you've invested a
       | ton in your product and you want a prospective customer to
       | experience everything. But there are legions of abusers and bad
       | actors of all kinds. Having an opt-in to use/abuse your platform
       | for 2 weeks is not always viable. Card up front is not a perfect
       | filter, but it's helpful in turning this noise way down and
       | letting you focus on helping actual prospective customers become
       | successful with your product.
        
         | indus wrote:
         | Dont you think users with malintent abuse the platform
         | irrespective of whether a card is on file or not?
        
           | kevincox wrote:
           | Credit cards act as a "cost" of sorts. Credit cards are a
           | limited resource, it is not free to acquire more credit
           | cards. By requiring a valid credit card you are basically
           | relying upon the verification that credit card issuers do to
           | prevent unlimited abuse.
        
         | atgarone wrote:
         | I'm sure that when you're analyzing SaaS transactions for a
         | year (full time), you see a lot more data than we more-select-
         | few-who-can-discern do.
        
           | dinobones wrote:
           | You forget this is HN, where software engineers will go off
           | on tangent talking about how "they could have designed the
           | airplane rotor to not crash" or something equally ridiculous.
           | Everyone here is an expert at everything, because they wrote
           | a blog once, or since Paul Graham is perceived to be an
           | expert on everything, they can be too.
        
             | indus wrote:
             | > since Paul Graham is perceived to be an expert on
             | everything, they can be too.
             | 
             | ROFL.
        
         | flerovium wrote:
         | It's about effort. The seller is asking you to put in the
         | effort to enter your payment info in order to use the "free"
         | version of the product. It's an exchange. The seller benefits
         | because there is less friction to paying later.
         | 
         | The dark pattern is billing the card _without_ consent from the
         | user, or some weird implicit consent.
        
       | saahilsaini wrote:
       | as a new entrepreneur trying to understand saas expenditures this
       | was an insightful read into the industry
        
       | schnebbau wrote:
       | > Your company needs a CRM, so you sign a year-long contract for,
       | say, 50 seats on your chosen SaaS CRM. Then -- yikes! After six
       | months, half your team is laid off. Will the CRM let you adjust
       | and pay for 25 seats for the remainder of their contract?
       | 
       | > That's a big NO. Unused seats? Still gotta pay for 'em. (It's
       | called "SaaS waste" for a reason.)
       | 
       | You committed to paying for 50 seats for a year. The CRM may have
       | made decisions based on that commitment, such as hiring people,
       | or themselves committing to bigger plans with their providers.
       | 
       | Why should they get screwed because you choked? Don't commit to
       | long fixed periods if there is any doubt you won't make it.
        
         | hermes8329 wrote:
         | Saas has obscene markups
        
           | ZephyrBlu wrote:
           | It has "obscene markups" based on costs, but that is not how
           | SaaS is priced. It's priced on value.
        
       | lordnacho wrote:
       | Is anything being done about this kind of thing? It's one of
       | those steal-a-dollar from 1M people tricks. If you stole 1M from
       | one person they'd do something about it. Pick 1M pockets and
       | nobody can do anything.
        
         | indus wrote:
         | there are a few ideas, to let technology help.
         | 
         | Others are around legislation, such as the one that came
         | yesterday from FTC on _call to cancel being illegal_.
        
       | tie_ wrote:
       | Here in Germany, physical businesses have even more egregious
       | subscription policies than most "dark" SaaS-es. Think, you do not
       | cancel 3 months before expiration date - congrats, you're now
       | signed up for another year. As a result, ended up writing a small
       | PWA to keep track of my contracts and subscriptions.
        
         | indus wrote:
         | Whaat! This one is new. You mean subscriptions from your
         | neighborhood store such as milk, bread, newspapers, etc?
        
           | tie_ wrote:
           | More like gym, "clubs" (Verein-s), mobile phone, internet,
           | electricity, etc. It's an established contractual practice,
           | and e.g. Telekom are not in any way obligated to notify you
           | when your cancellation date approaches. They can very well
           | sue you, however, should you refuse to pay your
           | automatically-renewed-in-advance contract.
           | 
           | Even in the cases where you're allowed to cancel on the last
           | day of the subscription, we as humans are very prone to
           | forget to do that, particularly for longer-term contracts.
           | Tracking contracts and subscription deadlines is a damn
           | profitable habit that I wish I had acquired much earlier.
        
             | indus wrote:
             | Curious: if they sue, then the only damage is money they
             | owe or there is more to it such as credit history, etc?
        
               | tie_ wrote:
               | I haven't really tested it in court, though I did get the
               | official correspondence that leads up to it. Friendly law
               | practitioner had suggested that I really don't stand a
               | chance.
               | 
               | Not sure about credit damage, but in case of a loss in
               | such a suit, I'd also have to cover the expenses for the
               | other side, so it's a risky proposition.
               | 
               | With my wife we did consider it for a while, but then
               | decided it's better to do focus on solving that problem
               | with software and thus started working on contrax.app
               | (shameless plug!).
        
           | niklasd wrote:
           | Newspapers, fitness studios, mobile providers, railway
           | discount ticket (Bahncard). Can't say for neighborhood
           | stores, I haven't really used a subscription at such a shop.
        
         | dqv wrote:
         | Ah yes they call those evergreen contracts in the US. Month-to-
         | month works for me. It gives us both an out if one of us ends
         | up not liking the other.
         | 
         | > As a result, ended up writing a small PWA to keep track of my
         | contracts and subscriptions.
         | 
         | You can provide this as a yearly service where if by the ninth
         | month they don't cancel, they must use it for another year ;)
         | 
         | Edit: oh you already do sans the contract terms
        
       | human wrote:
       | I'm not sure it qualifies as a dark pattern, but I was really
       | frustrated by the Logmein pricing. I was paying a relatively
       | expensive amount for my 100 computers package. Once I went over
       | that threshold I had to convert to the 500 computers package
       | which cost 4x was I was paying. That was true even if I had 101
       | computers and not 499. I ended up upgrading with a negotiated
       | price but still don't understand why it's not a price per
       | computer.
        
         | rhizome wrote:
         | Easier bookkeeping on their part.
        
           | elliekelly wrote:
           | That might be the reason for the different tiers but there is
           | definitely a dark pattern in the auto-upgrade GP describes.
           | LogMeIn could just as easily put a hard stop at 100 computers
           | with a notification the user needs to upgrade to a higher
           | tier package. Instead they auto-upgrade the user without
           | asking. (I'm assuming there's no way to avoid the auto-
           | upgrade. It's one thing if a user opts in to the tier scaling
           | for their own convenience I think that's different.)
        
             | human wrote:
             | In their defense, I wasn't auto-upgraded. I just couldn't
             | add computers anymore. I hovered around 99 for a while,
             | removing old computers, but one day I had to open up my
             | wallet.
        
           | indus wrote:
           | Easier bookkeeping is the main ingredient of debate between
           | consumption-based billing (AWS, Twilio, etc) vs user-based
           | billing.
        
         | indus wrote:
         | Not having consumption-based billing is definitely a callout
         | issue and many exploit the simplicity of bundled t-shirt
         | (Small, Medium, Large) SaaS pricing.
        
       | cosmolev wrote:
       | Subscription-based software is already a dark pattern.
        
         | wbobeirne wrote:
         | What would you recommend products that host the service and
         | have ongoing upkeep costs to do?
        
           | newfonewhodis wrote:
           | I would recommend the creators ask themselves if their
           | software _really_ needs to be hosted or can it be sold as a
           | one-off (self-host or desktop/mobile).
        
             | Veuxdo wrote:
             | Seems orthogonal. You can have subscription-based
             | desktop/self-hosted, and one-time-payment hosted software.
        
             | mdasen wrote:
             | I don't think you should be downvoted for this, but I do
             | think there are some reasonable responses to it.
             | 
             | First, supporting desktop/mobile software can be hard.
             | Customers have all sorts of weird things on their machines.
             | iOS cuts down on that, but you still lack access for a lot
             | of debugging and that can cost a lot of money. Support is
             | expensive.
             | 
             | Second, I think there's this idea that desktop/mobile
             | software is a one-off. What happens when Apple removes an
             | API that your program used? Do you tell uses "sorry, your
             | $X doesn't entitle you to a working program anymore?" For
             | better or worse, software requires ongoing investment. If
             | software requires ongoing investment, it kinda requires
             | ongoing payment - or operating on the idea that new users
             | will pay for the improvements required by older users.
             | However, that's a dangerous assumption. At some point,
             | there are a lot more older users than there are new users.
             | Many companies tried to operate pension schemes assuming
             | that new workers would pay for older workers retirement
             | benefits. At some point, there are fewer new workers than
             | there are old workers and it collapses.
             | 
             | Software maintenance is important, but it can be hard to
             | price. Do you tell users "you have a license for 2.0, but
             | you'll need to pay $X to upgrade to 3.0...oh, and 2.0 won't
             | be updated to support iOS 14 so you're basically forced to
             | upgrade"? Do we tell creators "if you don't keep this
             | software maintained in pristine condition for the next 20
             | years, you're being predatory"? That kinda just demands
             | that they do uncompensated work.
             | 
             | Even if software isn't hosted, there are ongoing costs.
             | Some of that can be priced into the initial purchase of the
             | software. Some of it can't be. It's hard to guarantee that
             | software will continue working for 2, 5, 10, 20 years when
             | you have no idea what that might entail in terms of work.
             | 20 years ago, Apple was shipping Mac OS 9. Since then, I
             | may have needed to upgrade my app from Classic to Carbon,
             | from Carbon to Cocoa, from 32-bit to 64-bit, from PowerPC
             | to Intel, and now from Intel to ARM - not to mention the
             | huge number of APIs that have been broken along the way.
             | 
             | Is the right model something like what JetBrains does where
             | you get a perpetual license to the version you bought, but
             | that version might just stop working given changes around
             | it (like OS upgrades or new machines it isn't compatible
             | with)? That doesn't force you to subscribe, but it does
             | mean that you're likely going to need to upgrade.
             | Programming languages move on and you're stuck with an IDE
             | highlighting things as bugs or that won't launch your
             | program because it isn't compatible.
             | 
             | Subscription-based pricing gives creators an incentive to
             | keep investing in their program and it gives customers
             | predictable costs. No one wants to hear "sorry, this won't
             | run on M1 and we're not going to upgrade it for free for
             | you so here's a $X charge that you have no way around given
             | that Apple is abandoning Intel".
        
         | magicalhippo wrote:
         | Our software is subscription-based, and our customers love it.
         | They get a predictable cost over time, rather than large costs
         | every now and then. We can afford to include features that
         | otherwise might not be justifiable in terms of new sales.
         | 
         | On the flip side, one of our competitors who hasn't switched
         | has been struggling for years and a recent new version almost
         | killed them off as many customers didn't feel they could
         | justify the $10-20k or so to buy the license to the new
         | version.
         | 
         | A key part of our success is that the subscription price scales
         | linearly with customer activity. There's a fixed base price per
         | active user, and in addition there's a cost associated with
         | certain actions. This means that the subscription price scales
         | with the customers activity and hence income. If they have a
         | slow month they have less income but pay less, if they have an
         | active month they have higher income but they also pay more.
         | 
         | FWIW our software is primarily installed on premise, but we do
         | offer hosted service as well (base cost is different for the
         | two cases).
        
         | hdjjhhvvhga wrote:
         | No, I don't think so. If the seller actually incurs monthly
         | costs like hosting, this is absolutely fair. What I would call
         | a dark pattern is when you buy an app, a piece of software that
         | executes code on your device, and are forced to pay monthly
         | fees. This gets more and more common. I understand the reasons,
         | but I personally prefer one-off payments and buy software in
         | this way. If it's good, I will pay for upgrades anyway.
         | 
         | Another dark pattern is switching off your customer's apps
         | remotely as Adobe did to their customers in Venezuela two years
         | ago.
        
           | teddyh wrote:
           | Why does hosting need to be bundled with software upgrade and
           | support? Hint: It doesn't.
        
       | wly_cdgr wrote:
       | Without reading too much into the fact, it's still pretty funny
       | that this is marketing for a SaaS product
        
       | notyourday wrote:
       | > Free trials should not require a credit card.
       | 
       | I'm not in business to provide services to people who want stuff
       | for free permanently. They complain on forums, raise stink and
       | spend nearly no money. They are not my customers. I always ask
       | for a credit card for a free trial. The fewer non-customers
       | signup, the better it is for me.
        
         | lgl wrote:
         | While I kind of understand your point of view and not all
         | businesses are equal, a free trial is not stuff for free
         | permanently. You should be confident that your product will be
         | able to make the customer willingly add their credit card after
         | their trial is over if you are indeed providing them with a
         | useful service.
        
           | not1ofU wrote:
           | I agree, and was going to posit the same argument, however, a
           | credit card is a useful way to get unique info. If someone
           | signs up to free trail without something like a CC, instead
           | using an email address, then they just have to register a new
           | email address to get further free service. Although I am sure
           | there are alternatives that I havent considered.
        
         | brooklinnash wrote:
         | What's your thought on alternatives, like Ahrefs' $7 for 7 days
         | trial?
        
           | notyourday wrote:
           | Unrestricted service at the highest plan level, 1 to 2 weeks,
           | credit card not only required but is authorized for the plan
           | price - do not settle transaction as it is still a free
           | trial. This ensures:
           | 
           | 1. Whoever tries the service at least theoretically met
           | minimum qualification to be a customer - they have a credit
           | card and can authorize several hundred dollars on it.
           | 
           | 2. We get the real lead.
           | 
           | 3. We limit the number of people who recycle free trials --
           | this happens _a lot_.
        
       | bazhova wrote:
       | AWS costs are somehow always higher than your estimate. Even when
       | using their little calculator. That's the dark pattern right
       | there.
        
       | atgarone wrote:
       | I got locked into a reseller agreement with JustHost for my
       | wife's GSuite account, which she uses for her full-time work. Now
       | I'm paying them $90 a year just so I can retain my GSuite
       | services without her having any downtime or losing her data.
       | 
       | Only recently did I discover GSuite has an FAQ for getting out of
       | reseller agreements. Going to have to act on that.
        
       | elias94 wrote:
       | I forgot the AWS password once for an account with only one S3
       | bucket. I did the recovery procedure but they wanted to verify my
       | identity using my document. I send them my ID, which was with a
       | different address from my account information.
       | 
       | They didn't accept my ID and I wasn't able to stop the service
       | and the recurring payment. Fortunately I registered my payment
       | with a prepaid credit card, so was easy to empty the card and let
       | them billing into the void.
       | 
       | Since then, I always use a prepaid card for recurring payment. It
       | saved my ass in a way.
       | 
       | One of the largest dark pattern is also having a poor customer
       | service.
        
         | r00fus wrote:
         | Is failure to pay (ie, card authorization) good enough for
         | inability to cancel? Couldn't they just invoice you and hold
         | you liable for fees regardless?
        
           | dmitrygr wrote:
           | Only until they try to collect and you produce proof that you
           | tried _A LOT_ to cancel
        
           | indus wrote:
           | A failed card auth does not remove the obligation to pay.
           | Most vendors write if off, and don't follow-up after a few
           | emails. Plus, they don't want users to get pissed off and
           | post a negative review.
           | 
           | Many vendors have now optimized their billing flow to reduce
           | write-offs. They start charging on the first of the month for
           | the upcoming use, and then cancel the account if the auth
           | continues to fail.
        
         | imilk wrote:
         | Some banks make this much easier by allowing you to spin up
         | virtual cards w/ daily spend limits on them.
        
       | jmsuth wrote:
       | This is one of my biggest qualms with building SaaS apps on the
       | App Store. You can't do a free trial without requiring an Apple
       | Pay confirmation which will auto-convert. We get lots of negative
       | reviews because of it, but there's no way around it without
       | offering some free version.
        
         | indus wrote:
         | Though apple pay does a decent job on the cancelation UI, the
         | free-to-paid notifications (in email) are always a miss. I have
         | seen this in trial subscriptions at home with buyer's remorse
         | later.
        
       | brooklinnash wrote:
       | "Our research shows that companies underutilize their SaaS
       | products by an average of 30% across the board"
       | 
       | Big yikes.
       | 
       | I'm curious which of these approaches would have the biggest
       | impact on bringing that SaaS waste down.
        
         | indus wrote:
         | Though not easy to implement, but consumption driven billing
         | rather than seat/user-driven would reduce the grief quite a
         | bit.
         | 
         | In the early days AWS EC2 became popular for their per compute
         | per hour pricing compared to hosting providers fixed monthly
         | cost.
        
       | CPLX wrote:
       | These are far from the worst patterns. I've seen so much
       | awfulness out there.
       | 
       | My favorite recent one was a renewal if you don't cancel by a
       | deadline that's months ahead of the actual end of the contract
       | period _and_ it also had a substantial rate increase _and_ all
       | the language that we supposedly agreed to wasn 't actually
       | present in the contract we signed.
       | 
       | Those terms were in one of those "incorporate by reference"
       | clauses where it says this contract incorporates terms and
       | conditions that are at the following URL and it's 45 pages into
       | the fine print of that URL. I mean supposedly, since it's their
       | URL and could just change the terms whenever they want and lie
       | about it.
       | 
       | Which by the way wasn't clickable in the Docusign. Basically it
       | was in an unlit basement behind a sign that said beware of the
       | leopard.
       | 
       | It's not ethical. It's just exhausting to deal with some of these
       | companies. I think we all know who they are, they tend to be
       | concentrated in the field of SaaS companies that cater to the
       | sales and marketing functions.
       | 
       | Lately I've had what I've found to be a fairly clever solution
       | however. We wrote up a standard document that contains _our_
       | terms and conditions for SaaS providers.
       | 
       | The key clauses basically say "We hereby give formal notice that
       | we do not consent to any automatic term renewals, any automatic
       | price increases, any charges to credit cards made 'on account'
       | without our specific consent as to the date and amount charged.
       | To the extent our agreement requires advance written notice of
       | any of the above this letter serves as that notice." and so on.
       | 
       | Then we send it certified mail to the company's corporate HQ
       | address and keep the tracking number. We do this on the same day
       | we sign any software contract, it's basically an automated
       | process at this point.
       | 
       | So whenever it comes around, and it has, we just say sorry we've
       | already given formal written notice we don't consent to that.
       | Here's a scan of the document and the USPS receipt maybe work on
       | your internal communications.
       | 
       | The fact that we have to do this is _apalling_ but hey it 's
       | better than the alternative.
        
         | Plasmoid wrote:
         | Does it actually work? Have you tested in in court?
        
           | CPLX wrote:
           | Haven't made it to court but it would certainly be legally
           | sound. Courts love certified mail and formal notices it's not
           | even clear what counterargument they could have.
           | 
           | But in real life what it really does it get them to back off
           | and go back to having a normal negotiation about what we _do_
           | want to do for renewal instead of the bullshit attempt to
           | mislead and trap us.
           | 
           | Needless to say if there's any viable alternatives to
           | companies that do this we take them but in some categories
           | all the options suck.
        
         | indus wrote:
         | Interesting idea.
         | 
         | But isn't there a risk that if the company that gets your
         | certified mail, reads it, and then cancels your account?
        
           | CPLX wrote:
           | Sure I suppose that's a risk. But then they'd be in breach of
           | the contract since the letter definitely doesn't say to
           | cancel the account, it says that this is notice given to all
           | extant notice clauses that could result in additional
           | billing, renewal, and so on. It's worded well I'm
           | paraphrasing.
           | 
           | As a practical matter though I don't think there's much to
           | worry about. These guys don't have a process to field letters
           | like this.
           | 
           | The joy comes from the elegance of it all. If they want to
           | play a game of exploiting the fact that people don't read the
           | fine print then they should be prepared for a fair contest.
        
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