Regulators are examining this issue. A March 2022 consultation paper by the Board of the International Organization of Securities Commissions questions whether some gamification tactics should be banned.
It’s also possible to capture a degree of control over people’s choices by carefully structuring and timing how you give them information, so as to exploit the mental shortcuts we all take when making decisions. Well-timed push notifications, leaderboards of popular stocks and arbitrary goals assigned to gig workers can all leverage these shortcuts to guide users towards choices that make apps money, but might not serve users’ interests.
Others say existing rules do too much — that they fail to recognize that even if gamification influences our choices, these choices are still technically ours to make. To avoid stifling innovation, apps need their own custom-built set of rules, like Ontario’s proposed gig worker regime.Both these lines of argument overlook the flexibility that’s built into law.
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