Dark patterns use deceptive design to mislead users into actions like unwanted purchases they did not intend to take
Though digital commerce offers speed and simplicity, this convenience can mask a darker reality. Hiding in plain sight lies the world of manipulative practices that are crafted to deceive, coerce or influence consumers into making unintended choices. These practices, known as dark patterns, are now being cracked down on by the government.
On 28 May, Union Minister for Consumer Affairs, Food and Public Distribution, Pralhad Joshi, directed ecommerce companies to conduct self-audits to identify and eliminate dark patterns on their platforms. Urging all companies to now fully comply with the guidelines, the minister directed them to integrate these into their internal governance and consumer protection mechanisms.
“Companies must not wait for the Central Consumer Protection Authority (CCPA) to intervene. They should proactively recognise and remove these deceptive practices before notices are issued. This is not just regulatory compliance—it is about building trust with your consumers,” he stated.
What Are The Dark Patterns?
Though not new, dark patterns have long misled consumers in subtle, often unpredictable ways while going through an online purchase decision. Dark patterns like sneaking items into your cart without consent undermine fair play by taking away the user’s ability to make informed, intentional choices.
“Dark patterns manipulate user choices by misleading them into actions they would not otherwise take, such as making unwanted purchases or sharing personal data. This undermines fair play by giving large ecommerce platforms an unfair advantage over small traders and violating consumer trust. It distorts market competition, as ethical businesses lose out to deceptive practices,” highlighted Praveen Khandelwal, a Member of Parliament (MP) and Secretary General of the Confederation of All India Traders (CAIT).
Regulatory Stance On Dark Patterns
The Central Consumer Protection Authority (CCPA) has issued guidelines on the prevention and regulation of dark patterns, in exercise of the powers conferred by section 18 of the Consumer Protection Act 2019. The Department of Consumer Affairs (DoCA), along with the Advertising Standards Council of India (ASCI), conducted an interactive consultation with the stakeholders on dark patterns on 13 June 2023.
A task force was formed on 28 June 2023 to submit its recommendations on the same issue. Based on the suggestions, the CCPA issued “Guidelines for Prevention and Regulation of Dark Patterns, 2023” on 30th November 2023, listing 13 specified dark patterns.
“The Dark Patterns Guidelines are essential for preserving consumer rights and ensuring fair digital trade. The 13 dark patterns recognised by the guidelines will create a transparent, ethical, and user-centric online environment. RAI strongly believes that these are not just regulatory guidelines; these are about building trust with consumers,” highlighted Kumar Rajagopalan, Chief Executive Officer (CEO), Retailers Association of India (RAI).
13 Specified Dark Patterns
In November 2023, the CCPA listed 13 specified dark patterns which undermined consumer autonomy. As defined under the Consumer Protection Act 2019, these practices fall under the category of ‘unfair trade practices’.
One of the most commonly used dark patterns is drip pricing, where the elements of prices are not revealed upfront. The actual prices are revealed post-confirmation of purchase, charging an amount higher than the amount disclosed at the time of checkout. Bait and switch is another such practice where a seller offers a quality product at a cheap price, but when the consumer is about to pay or buy, the seller states that the product is no longer available and instead offers a similar-looking product but more expensive.
“Dark patterns distort consumer autonomy through manipulative tactics like hidden charges (reported in 67 per cent of ecommerce complaints) and false urgency, steering Rs 1.3 lakh crore of annual Indian ecommerce spend towards unintended purchases. Practices like “basket sneaking” or “false urgency” distort competition, disadvantaging ethical businesses,” explained Mukul Goyal, Co-founder, Strateflix.
Subscription trap involves making the cancellation of a paid subscription impossible or a complex and lengthy process. This may also involve forcing users to share payment details or enable auto-debits just to access a free subscription. Nagging is a dark pattern practice due to which users face an overload of requests, information, options or interruptions. The official guidelines define this as ‘constant request to turn on notifications with no option to say no’.
Consumer Protection Tools
With there being a significant surge in consumer complaints related to dark patterns on the National Consumer Helpline (NCH), there are three consumer protection tools that are in place to address the issue: the Jagriti app, Jago Grahak Jago app, and the Jagriti dashboard.
The Jagriti app enables consumers to report dark patterns on ecommerce platforms directly to the CCPA and flags suspicious websites, while the Jago Grahak Jago app shields users from malicious platforms and offers real-time safety scores for the ecommerce link which a consumer is visiting. Furthermore, the Jagriti Dashboard serves as an analytical tool, generating detailed reports on dark patterns for ecommerce platforms under the CCPA’s scrutiny.
Strengthening Policy Framework
While experts welcomed the mandate of annual audits, they also outlined that dark Patterns guidelines must evolve from voluntary compliance to enforceable mandates, leveraging artificial intelligence (AI) audits and stringent penalties.
“For lasting impact, platforms must go beyond compliance, embedding consumer-centric design and ethical UX as core values. Proactive removal, not reactive fixes, will build long-term trust and promote fair digital marketplaces,” noted Swati Bhargava, Co-founder of CashKaro and EarnKaro.
Khandelwal added that addressing the root cause also requires encouraging ethical design practices and holding platforms accountable for manipulative behaviour that exploits consumer psychology.
Staying Safe As Consumers
While the Centre has directed the companies to eliminate the dark patterns, it is equally important for consumers to stay alert and not fall prey to these deceptive practices. Experts explained that consumers should stay alert to pressure tactics like countdown timers, hidden charges, or pre-ticked boxes.
Consumers must vigilantly spot drip pricing, forced continuity and disguised advertisements. Experts suggested taking time before making a purchase and avoiding rushing due to artificial urgency.
While the government has already put out the commonly employed dark patterns, experts urged that public awareness campaigns and digital literacy initiatives must empower consumers to recognise manipulation and make informed decisions in the online marketplace. As what you do not see can cost you the most in the digital space, it becomes crucial to remain vigilant and become informed consumers.
