Consumers can report usage of dark patterns in the National Consumer Helpline or reach them on Whatsapp. It shall be noted that even foreign businesses that target Indian consumers for the sale of goods or services can be brought under the ambit of the guidelines. It prohibits every person, including any platform, from engaging in dark patterns. The Guidelines are applicable to all sellers, advertisers and platforms 'systematically' offering goods and services in India. Notably, the Guidelines included three more dark patterns, “Trick questions”, “SaaS billing” and “Rouge malware”. Other dark patterns are “Forced action”, “Interface interference”, “Bait and switch” and “Disguised advertisements”. ![]() “Nagging” is a dark pattern where the consumer is prompted again and again leaving the consumer with less choice. “Drip Pricing” is another sweet trap where a product or service is advertised to be free initially while the continued usage would require in app-purchasing. “Subscription trap” is a common dark pattern that includes complicated cancellation process complicated or mandating auto debit authorisations. Manipulating consumers by inducing a sense of guilt or fear that compel them to make buying decisions is defined as “Confirm shaming”. “Basket Sneaking” is another defined dark pattern where additional items are added to the final check out bill without the consumer's consent. It includes the practice of showing “False Urgency” where consumers' choice is forced due to the limited opportunity portrayed by the platform. The guidelines set out a list of 13 dark patterns covering a multitude of avenues where consumer autonomy is compromised. The current Indian legal framework to curb dark patterns. Hence, the regulation of dark patterns, which is a quintessential modern-day problem, is set in the background of unfair trade practices and the CCPA's effort to curb it. Section 18 (2) of the CPA empowers CCPA to issue necessary guidelines to prevent unfair trade practices. ![]() In addition, the CCPA can inquire into violations of consumer rights or unfair trade practices, either suo moto or upon receiving a complaint. The Act upholds consumers' rights by prescribing a redressal mechanism against such unfair trade practices. The Consumer Protection Act, 2019 (“CPA”) defines unfair trade practices, including manipulating consumers and exploiting consumers' interest. The seemingly innocent nature of dark patterns often abuses consumer interests without even them knowing it, leaving them essentially remediless. According to the Guidelines, dark patterns are practices or designs that subvert or impair the consumer autonomy. What are dark patterns and how is it unfair?ĭark pattern is the blanket term defining manipulative techniques used to deceive consumers to take choices they would not have taken otherwise. Hence, the dire need to protect user autonomy and consumer privacy paved way for the current guidelines. ![]() In other words, in today's world every consumer would have fallen into the trap of dark patterns at least once. An average consumer would have come across that red-blinking line saying, “hurry up! only few left” or downloaded at an app thinking it was free only to know later that the free version is expiring in seven days.
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