The Department of Consumer Affairs has issued a warning to ecommerce platforms regarding the use of ‘dark patterns’ in their user interface. In a letter sent to major ecommerce platforms, the department expressed concern over the incorporation of such patterns and indicated its intent to take action if necessary. The government has advised online platforms to refrain from engaging in unfair trade practices that manipulate consumer choice and violate consumer rights as defined under the Consumer Protection Act, 2019.
Dark patterns are design and choice architecture techniques employed to deceive, coerce, or influence consumers into making choices that are not in their best interest. The consumer affairs department emphasized that continued use of such practices would be considered unfair trade practices, subjecting ecommerce platforms to potential coercive action.
Secretary of Consumer Affairs, Rohit Kumar Singh, highlighted the department’s growing awareness of dark patterns, stating that they have identified nine such patterns and instructed the industry to refrain from employing them. Some of these patterns include False Urgency, Subscription Traps, Confirm Shaming, Forced Action, Bait and Switch, and Hidden Costs.
To address the issue, the consumer affairs department held consultations with major ecommerce marketplaces and other stakeholders, urging the industry to establish a self-regulatory framework. In addition, the Advertising Standards Council of India (ASCI) released guidelines to counter dark patterns in digital advertising.
Consumers have been encouraged to report instances of dark patterns and manipulative online practices to the National Consumer Helpline (NCH) through phone calls or WhatsApp.
The department’s warning signifies the government’s commitment to protecting consumer rights and promoting fair trade practices in the ecommerce sector. In the coming months, the department plans to release guidelines on the use of dark patterns if voluntary compliance from the industry is not achieved.
With this move, the government aims to ensure transparency and empower consumers to make informed decisions while navigating online platforms. By addressing the issue of dark patterns, the authorities seek to create a fair and trustworthy ecommerce environment in India.
