The Consumer Secretary warns e-commerce against ‘unfair’ dark patterns

Consumer Affairs Secretary Nidhi Khare on Tuesday warned e-commerce companies against implementing deceptive user interface designs known as “dark patterns”, saying the practice violates consumer rights and constitutes unfair trade.

The Ministry of Consumer Affairs defines dark patterns as deceptive UI/UX designs on platforms that mislead users into actions they did not intend, undermining consumers’ autonomy and decision-making, and constitute deceptive advertising or unfair trade practices.

Read: Government bans ‘dark patterns’ on e-commerce platforms; Notifies the guidelines

Addressing stakeholders, Khare highlighted various ways online platforms can refrain from using designs that mislead consumers and encourage them to make unintended purchases or subscriptions, an official statement said.

According to an official statement, it suggested improvements such as relying on consumer feedback, monitoring user and repeat customer satisfaction, using app features to identify non-compliant patterns, and self-monitoring for specific dark patterns.

The session was attended by representatives of the Indian Institute of Technology, Banaras Hindu University, All India Gaming Federation and companies such as Zomato, EaseMyTrip, Urban Company, Uber and CRED.

The Department of Consumer Affairs, which had notified guidelines to prevent dark patterns in November 2023, had identified 13 such schemes, including fake urgent alerts, subscription traps, basket smuggling, extortion activities, confirmation shaming, interface glitches, drip pricing, trick questions, hidden ads, bait-and-switch pricing, and nuisance tactics.

Initially, 10 dark patterns were added; three were added later, after public consultation. All Indian sellers, advertisers and online platforms offering products or services are subject to these guidelines.

The use of dark patterns will be treated as misleading advertising, unfair business practices or violation of consumer rights and penalty will be charged in accordance with the provisions of the Consumer Protection Act, the guidelines added.

Rohit Kumar Singh, Consumer Affairs Secretary, had earlier told PTI, “In emerging digital commerce, platforms are increasingly using dark patterns to mislead consumers by manipulating their purchasing choices and behavior.”

(With PTI input)