U.S. News

In the 2008 best seller Nudge, the legal scholar Cass R. Sunstein and the economist Richard H. Thaler marshaled behavioral-science research to show how small tweaks could help us make better choices. An updated version of the book includes a section on what they called “sludge”—tortuous administrative demands, endless wait times, and excessive procedural fuss that impede us in our lives.

The whole idea of sludge struck a chord. In the past several years, the topic has attracted a growing body of work. Researchers have shown how sludge leads people to forgo essential benefits and quietly accept outcomes they never would have otherwise chosen. Sunstein had encountered plenty of the stuff working with the Department of Homeland Security and, before that, as administrator of the Office of Information and Regulatory Affairs. “People might want to sign their child up for some beneficial program, such as free transportation or free school meals, but the sludge might defeat them,” he wrote in the Duke Law Journal.

The defeat part rang darkly to me. When I started talking with people about their sludge stories, I noticed that almost all ended the same way—with a weary, bedraggled Fuck it. Beholding the sheer unaccountability of the system, they’d pay that erroneous medical bill or give up on contesting that ticket. And this isn’t happening just here and there. Instead, I came to see this as a permanent condition. We are living in the state of Fuck it.

Some of the sludge we submit to is unavoidable—the simple consequence of living in a big, digitized world. But some of it is by design. ProPublica showed in 2023 how Cigna saved millions of dollars by rejecting claims without having doctors read them, knowing that a limited number of customers would endure the process of appeal. (Cigna told ProPublica that its description was “incorrect.”) Later that same year, the Consumer Financial Protection Bureau ordered Toyota’s motor-financing arm to pay $60 million for alleged misdeeds that included thwarting refunds and deliberately setting up a dead-end hotline for canceling products and services. (The now-diminished bureau canceled the order in May.) As one Harvard Business Review article put it, “Some companies may actually find it profitable to create hassles for complaining customers.”

Sludge can also reduce participation in government programs. According to Stephanie Thum, an adjunct faculty member at the Indiana Institute of Technology who researches and writes about bureaucracy, agencies may use this fact to their advantage. “If you bury a fee waiver or publish a website in legalese rather than plain language, research shows people might stay away,” Thum told me. “If you’re a leader, you might use that knowledge to get rid of administrative friction—or put it in place.”

Fee waivers, rejected claims—sludge pales compared with other global crises, of course. But that might just be its cruelest trick. There was a time when systemic dysfunction felt bold and italicized, and so did our response: We were mad as hell and we weren’t going to take it anymore! Now something more insidious and mundane is at work. The system chips away as much as it crushes, all while reassuring us that that’s just how things go.

The result: We’re exhausted as hell and we’re probably going to keep taking it.