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ALI's Choice Architecture

posted by Adam Levitin

I received a dunning notice from the American Law Institute today, reminding me that my dues were 90 days overdue. Now, you might conclude from this that I'm generally not paying my bills as they come due or that I'm a deadbeat by nature, but the truth is that I've been on the fence about whether I want to remain a member of the organization. That's another matter, however. My interest is that ALI had a default setting for me to make a $125 contribution in addition to my $125 dues.

ALI Dues-Redacted

In other words, the default setting was for me to pay 2x what I actually owe. The symmetry of the $125 numbers makes it much more deceptive because it seems more like an itemization and a total, rather than two separate charges.

To be sure, I could easily opt-out by unchecking the pre-checked box, and there's bolded language telling me about it (albeit in a visually separate box...), but is this sort of choice architecture really needed? I don't think it formally violates anything in the Restatement of Consumer Contracts, but opt-out mechanisms in consumer contracts just aren't a good look, any more than auto-renew features. If I want to give ALI an extra $125, I will, but I don't want to be tricked into doing so. Do better ALI.

Comments

I saw that and opted out. I would have opted in, but I was so annoyed by the negative-check box that I opted out as a matter of principle.

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