Govt directs online platforms to refrain from ‘dark patterns’
New Delhi: Cracking a whip against errant e-commerce portals for using ‘dark patterns’ to ‘fleece’ consumers, the Department of Consumer Affairs has on Friday asked online platforms to refrain from incorporating any design or pattern in the online interface of their platform that may deceive or manipulate consumer choice and fall in the category of dark patterns.
In a letter addressed to major online platforms in India, Consumer Affairs Secretary Rohit Kumar Singh suggested online platforms to not engage in ‘unfair trade practices’ by incorporating dark patterns in their online interface to manipulate consumer choice and violate ‘consumer rights’ as enshrined under Section 2(9) of the Consumer Protection Act, 2019.
“It’s worth mentioning that dark patterns involve using a design and choice architecture to trick, coerce or influence consumers to make choices not in their best interest. Engaging in such deceptive and manipulative conduct by using dark patterns in online interfaces unfairly exploits consumers’ interests and constitutes ‘unfair trade practice’ under the Consumer Protection Act, 2019,” Singh said while interacting with reporters over the issue.
Recently, regulators in other jurisdictions such as the European Union, the US, and the UK have taken action against dark patterns involving unfair and deceptive practices in online interfaces which were found to be detrimental to
consumers.
The activities which the platforms were observed to be indulging include, non-consensual enrolment in subscription programs (USA), pressure selling using misleading countdown clock (UK), secretly saving credit card information and charging users without consent (USA)’ and putting in place a cancellation process designed to deter consumers from
opting out of subscription (Norway).
Explaining about different patterns of dark patterns, the Secretary said, “False urgency is a tactic that creates a sense of urgency or scarcity to pressure consumers into making a purchase or taking action, while basket sneaking is another dark pattern that is used by websites or apps to add additional products or services to the shopping cart without user consent.”
Other examples of dark patterns are subscription traps, confirm shaming, forced action, nagging, interface interference, bait and switch, hidden costs, disguised ads, etc.
