What are ‘dark patterns’ in mobile apps and how they manipulate consumers

The ongoing Supreme Court case filed by the Indian Medical Association (IMA) against Patanjali Ayurved over the publication of advertisements against the allopathic system of medicine has opened the proverbial Pandora’s Box.

At the outset, the case is about certain claims that Patanjali made about the efficacy of its herbal products and the allopathic system of medicine. However, this case also highlights a widespread trend of businesses across the country employing misleading and deceptive marketing practices, which seems to have become the norm.

The recently released study, ‘Conscious Patterns,’ conducted by the Advertising Standards Council of India (ASCI) and the design companies Parallel HQ, revealed that 52 out of the 53 analyzed apps employ deceptive design practices (also known as ‘dark patterns’) , highlighting their pervasive use in the industry and their potential to manipulate consumers.

So, what are dark or deceptive patterns? They are essentially deceptive user interface (UI) and user experience (UX) practices that can mislead or trick users into doing something they originally did not intend or want to do.

Top 5 most common deceptive practices used in mobile apps

Privacy deception: Manipulating users into unknowingly sharing more personal data than intended. It emerged as the most prevalent deceptive pattern, observed in 79 per cent of the apps analyzed.

Interface interference: In this, certain parts of the interface are highlighted (such as cashback offers) and others are hidden (such as subscriptions to marketing mailers), misdirecting users into taking an action. This was found in 45 per cent of the apps.

Drip pricing: Additional fees are gradually revealed throughout the purchase process, making the final price higher than originally quoted. This was found in 43 per cent of the apps, most commonly in booking airlines, hotels or ordering food/apparel from e-commerce sites, wherein platform fees and packaging charges are added during bill payment.

False urgency: Wherein a sense of artificial pressure, based on time or stock availability, is created to manipulate users into making rushed decisions. For instance, “Only a few seats available” or “Sale expires in 30 minutes”.

Nagging: Constant pop-ups and notifications pushing consumers to take action, making it difficult to complete their tasks.

Top deception trends commonly found in a sector

1. Making it difficult for users to delete their accounts. Was found in all e-commerce apps studied, including Amazon, Flipkart, Myntra, Bigbasket, Nykaa, AJIO, Meesho, Tata CLIQ and TIRA.

2. Basket sneaking or adding something to a user’s basket/cart without them knowing. It was four times more prevalent among delivery and logistics apps, including Swiggy, Zepto, Zomato, BlinkIt and Borzo, compared to other sectors.

3. The three sectors with the highest deceptive patterns per app were health-tech at 8.8, travel booking at 7.2, and e-commerce at 5.3.

4. Four out of five health-tech firms analyzed relied on time-based pressure, creating false urgency to rush users into decisions.

5. Confirm shaming, wherein guilt or social pressure is used to manipulate users into confirming an action. It was used in all travel booking apps.

The report analyzed more than 12,000 screens from 53 apps that have been downloaded over 21 billion times across nine industries.

In November 2023, the Department of Consumer Affairs released guidelines for 13 deceptive patterns. According to these guidelines, the use of any of these prescribed dark patterns amounts to a misleading advertisement, an unfair trade practice or is a violation of consumer rights.

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