However, this choice is wrong. Where is the option to continue without disabling it? Where is the button to opt out? Neither exists and I have to hard refresh the page several times to generate the version of this popup that provides it. there is. And when that happens:
The information hierarchy is biased. The opt-out is dark gray (inaccessible on a black background), embedded far below the bright, prominent blue opt-in button, and only visible if someone is looking for it.
Cases like this are just the most visible of the ways marketers are trying to usurp the power of consumer agencies.
And consumers are paying attention, too. Around half of consumers would accept all cookies (but note that this does not imply consent and could give up), but a third would like to be in control of their options and another 10% reject everything or leave the website.
But it is this insight from the very same report that is truly indicting our current situation: “The banner is set up in such a way that the quickest way to get rid of it is to accept all cookies.” This is designed to help consumers act in their own best interests. Instead, it is designed to act in the marketer's best interest.
Consumers need clear choices that ignore consequences
No more big, bold opt-in buttons with opt-out language embedded 250 pixels below. No more one-tap opt-in or 10-tap opt-out. No more fake binaries. Just by turning off optional cookies, “Accept my choices” and “Accept all cookies” should not be drawn as equivalent. No more imbalanced information.
Consider this from Sports Illustrated:
Or this one from the Tennis Channel.
