I don't know if this is a recent policy change, but it is not the complete amount but only 50% of the remaining annual amount as per their website[1].
If it were something involving physical goods or services I can understand, but 50% penalty is still a crazy amount for a hosted software service.
Is it the most manipulative dark pattern in e-commerce? Hardly--there are plenty far more vicious--but it's still an attempt to prime a would-be subscriber to focus on the annual, billed monthly and play on their understanding of the word "monthly" by using it in both options.
"Annual, billed monthly" is set in smaller italicized type right under the actual price of US$59.99/mo on the main pricing page[0]. You've now been primed to focus on the $59.99 price. Only when you select a plan and a modal pops up do you see that there's a separate monthly option available from the annual, billed monthly option that's been helpfully pre-selected or a third annual, prepaid option.
The point is to quickly shepherd subscribers through the payment process. The user sees the $59.99 option they expected is pre-selected, so most hit continue and move on. If they look beyond the price in bold to the plan descriptions in smaller italics, well, there are literally decades of eye tracking studies showing users skim websites rather than carefully reading every single word. The price in bold draws in the eye, the word "monthly" is present so the user catches the word, and then they move on to the continue button.
Adobe could have easily labeled the plan Annual, billed in 12 installments or even Annual, billed in monthly installments to better differentiate the two options. They didn't for a reason. The word "monthly" comes with certain expectations. Using it for both the actual monthly plan and the default annual, billed monthly plan allows those expectations to bleed over to both.
While it mentions a fee for cancelling after 14 days, you'll find nary a mention of what that fee actually is until you track down a legal page[1] that isn't linked to any point during the payment process up until the sign-in prompt (I didn't bother creating a new account to look beyond that). At the very least, it's not present during the stage when you're still relatively uncommitted and somewhat more likely to notice any more onerous terms were they present.
Finally, there's an option for a 30-day free trial of Adobe Stock. I'd have sworn it was pre-selected a few years ago, but I may be mistaken on that. If it was, then at least that's a change for the better. Anyhow, did you notice how it's on a 30 day trial period whereas the normal plan has a 14 day cancellation window? Let those deadlines fall to the back of your mind for a week or two, and will you remember which is 14 days and which is 30? There was no reason why Adobe had to use 30 days for Stock or only 14 days for their other offerings. But it adds to the confusion, and that's the entire purpose of a dark pattern. Stock is also an "annual, billed monthly plan," but nowhere in the checkout process is it mentioned that Stock also has a large cancellation fee. That's hidden in a separate part of the Subscription Terms page.[1]
Adobe could easily just choose to settle for a straight-up monthly payment plan with no bullshit and completely sidestep recurring--but largely toothless, given the state of most alternatives to their software--criticism over their billing practices. They could eliminate the dark patterns and make their plan selection and payment process more transparent. They don't, presumably because those patterns generate more revenue than the lost goodwill they create is worth. That goodwill is diffused, and even if people grumble about it online, it generally doesn't rise to the level of leaving.
Do you think "$500 biweekly" car ads, or "$2000/month" apartment rentals are the same?
>"Annual, billed monthly" is set in smaller italicized type right under the actual price of US$59.99/mo on the main pricing page[0].
I might be sympathetic to this reasoning if this was a $2 coffee or something, but $60/month is nothing to be sneezed at, and I'd expect buyers to read the very legible text under the price tag. Otherwise, this makes as much sense as complaining about supermarket price tags that show "$4" in huge font, and "/lb" in small font, claiming that it misled buyers into thinking an entire package of ground beef costs $4, because the $4 price tag "primed" them or whatever.
>While it mentions a fee for cancelling after 14 days, you'll find nary a mention of what that fee actually is until you track down a legal page[1] that isn't linked to any point during the payment process up until the sign-in prompt (I didn't bother creating a new account to look beyond that). At the very least, it's not present during the stage when you're still relatively uncommitted and somewhat more likely to notice any more onerous terms were they present.
Okay but if you read most complaints, it's clear that they're not even aware that such early termination fee even existed. There's approximately zero people who were aware the termination fee existed, found it too hard to figure out what it actually was, but somehow still went with the "Annual, billed monthly" option.
>Finally, there's an option for a 30-day free trial of Adobe Stock. I'd have sworn it was pre-selected a few years ago, but I may be mistaken on that. If it was, then at least that's a change for the better. Anyhow, did you notice how it's on a 30 day trial period whereas the normal plan has a 14 day cancellation window? Let those deadlines fall to the back of your mind for a week or two, and will you remember which is 14 days and which is 30? There was no reason why Adobe had to use 30 days for Stock or only 14 days for their other offerings. But it adds to the confusion, and that's the entire purpose of a dark pattern. Stock is also an "annual, billed monthly plan," but nowhere in the checkout process is it mentioned that Stock also has a large cancellation fee. That's hidden in a separate part of the Subscription Terms page.[1]
This feels like grasping at straws. If we're going to invoke "people might get two numbers confused with each other", we might as well also invoke "people can't calculate dates properly, and therefore a 14 day cancellation window is misleading because they think 14 days = 2 weeks, and set up a cancellation reminder for the same day of the week 2 weeks afterwards, not realizing that would be just over 14 days and thus outside the window".
> Do you think "$500 biweekly" car ads, or "$2000/month" apartment rentals are the same?
The rentals make it very clear what the contract period is and what the penalty for breaking early is. Those terms are also tightly regulated in most jurisdictions for exactly the reason that they are prone to abuse.
> I'd expect buyers to read the very legible text under the price tag.
Given that the text fails to provide details about the fee is this even a valid contract to begin with? On multiple levels there's clearly been no meeting of the minds.
> if you read most complaints, it's clear that they're not even aware that such early termination fee even existed.
Isn't that a strong case that it's an unfair practice?
On the billboard or in the multi-page rental agreement that they send for you to sign? How is this different from than the ToS/fine print on adobe's site?
>Given that the text fails to provide details about the fee is this even a valid contract to begin with?
It's probably buried in the fine print somewhere, which courts have generally held to be enforceable.
>Isn't that a strong case that it's an unfair practice?
No, the legal standard is "reasonable person", not whether there's enough people bamboozled by it to raise a ruckus on reddit or whatever.
I have had plenty of other issues with borderline dishonest landlords but mutually understanding what was being agreed to up front was never one of them. The issues generally came later when they tried to get out of or add additional things without my consent.
> It's probably buried in the fine print somewhere, which courts have generally held to be enforceable.
People elsewhere in this comment section reported that they checked and claimed that it is not found anywhere directly linked from the sales page. You generally have to specify the terms of a contract up front, before it is signed.
> No, the legal standard is "reasonable person"
It isn't conclusive, but I think it makes for a strong case. The more people who are confused by it the stronger your argument that it is confusing to a "reasonable person" becomes.