Yes, this happens all the time. But note the salient features: (1) the subjects are aware that they are research subjects and have agreed to participate (albeit without full knowledge of how the collected data will be analyzed). They have agreed to be studied, and have agreed that their time may be used in pursuit of this research. (2) All such studies undergo a very stringent ethical review and are usually monitored closely by third parties (at least since Milgram made it extremely clear that this was a necessary policy). These issues are complex and difficult to navigate---which is precisely why we have review boards. Every experiment has to be evaluated to balance the requirement to act ethically with the value of the research data to be collected. Skipping that requirement is unacceptable.
In my experience, the moment a research team starts looking for reasons not to classify what they are doing as human experimentation is the moment when it becomes extremely clear that they need board review.