Let’s Talk About Consent and Empowerment in Marketing

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But this choice is a false one. Where is the option to continue without disabling? Where is the button to opt out? Neither exists, and it takes several hard refreshes of the page to generate a version of this pop-up that even offers that. And when it does:

The information hierarchy is skewed. The opt-out is dark gray (which is inaccessible on a black background), and is buried far below the bright, visible blue opt-in button, visible only if someone is looking for it.

Instances like these are only the most visible of the ways marketers are working to disempower consumer agency.

And consumers are taking note. While approximately half of consumers accept all cookies (though it should be noted that this does not convey acceptance as much as it might resignation), one-third try to manage their options, and almost another 10% will decline all or leave the website.

But the real indictment of our current climate is this insight, from the very same report: “Banners are set up so that the fastest way to make them go away is just to accept all the cookies.” This is not designed to allow a consumer to act in their own best interest, but in the marketer’s best interest instead.

Consumers deserve clear, influence-agnostic choices

No more big and bold opt-in buttons with opt-out language buried 250 pixels below. No more one-tap opt-ins and 10-tap opt-outs. No more false binaries—“Accept My Choices” and “Accept All Cookies” should not be drawn as equivalences after I’ve just toggled off optional cookies. No more imbalanced information.

Consider the below, from Sports Illustrated.

Or this, from The Tennis Channel.

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