Dark Patterns in Focus; Consumer Protection Body orders E-Comm Players to Self-Audit

Central Consumer Protection Authority (CCPA) has issued an advisory to all e-commerce platforms to conduct self-audits within three months to identify and eliminate "dark patterns", deceptive design practices that mislead consumers into unintended actions.

The Consumer Affairs Ministry, on June 7, said that all e-commerce platforms must examine their interfaces for practices that undermine consumer choice or constitute unfair trade practices.

"All e-commerce platforms have been advised to conduct self-audits to identify dark patterns, within 3 months of the issue of the advisory and take necessary steps to ensure that their platforms are free from such dark patterns," the ministry said in a statement.

Based on their audit findings, platforms are encouraged to provide self-declarations confirming their sites are free from deceptive practices.

The CCPA said these declarations would help build consumer trust and create a fairer digital marketplace.

The authority has already issued notices to some e-commerce platforms found violating guidelines for preventing dark patterns, though it did not name specific companies.

Practices like false urgency alerts, hidden costs added at checkout, subscription traps and disguised advertisements that manipulate consumer decision-making fall under dark patterns.

The government established a Joint Working Group, comprising representatives from ministries, regulators, consumer organisations and national law universities, to monitor violations and suggest awareness programmes.

The government notified guidelines for preventing dark patterns in 2023, identifying 13 specific practices, including basket sneaking, confirm shaming, forced actions, interface interference, bait and switch tactics, drip pricing, and subscription billing traps.

The directive is part of the government's broader strategy to strengthen consumer protection in the digital economy as online commerce continues to expand rapidly across the country.

Action Taken So Far

In a high-level stakeholder meeting chaired by Union Minister for Consumer Affairs, Prahlad Joshi, held in New Delhi on May 28, the consumer affairs ministry mandated annual internal audits for e-commerce companies to identify and eliminate these manipulative UI/UX practices, reported Business Today.

These dark patterns often trick users into unintended actions, such as making unwanted purchases or unknowingly sharing personal data.

The meeting saw participation from over 50 stakeholders, such as major digital companies like Amazon, Flipkart, Apple, Google, Meta, Swiggy, Zomato, Paytm, WhatsApp and MakeMyTrip. Industry bodies like NASSCOM, FICCI and CAIT, and various consumer organisations were also present.

(With inputs from PTI.)