TV
In a move aimed at promoting transparency and consumer trust in the digital marketplace, the Central Consumer Protection Authority (CCPA) has issued a comprehensive advisory to all e-commerce platforms, urging them to actively identify and eliminate deceptive practices known as "dark patterns."
Dark patterns refer to manipulative design tactics used in websites and apps to mislead users into making unintended choices—such as forced subscriptions, hidden charges, or tricking consumers into sharing more data than necessary. These tactics undermine fair trade practices and often erode consumer confidence.
To address this, the CCPA has instructed online shopping platforms to undertake a thorough self-audit within three months of receiving the advisory. The purpose of this audit is to detect and remove any such misleading interface designs or marketing strategies from their platforms.
In addition, the regulatory body has encouraged platforms to issue voluntary self-declarations stating that they do not engage in dark patterns. These declarations are expected to promote accountability and foster a more ethical digital commerce environment.
Officials from the CCPA emphasized that these measures are crucial for building a transparent and trustworthy digital economy. By eliminating dark patterns, e-commerce players can not only comply with consumer rights norms but also ensure long-term customer loyalty.
The advisory marks another step by the government to strengthen consumer protection laws in the era of booming online commerce. Further monitoring and action may follow based on the response and compliance from the industry.
CCPA has also issued notices to e-commerce platforms in some cases that have been found violating the Guidelines for Prevention and Regulation of Dark Patterns. All e-commerce platforms are therefore, advised to refrain from deploying deceptive design interfaces that mislead consumers or manipulate their decision-making. The Authority has been keeping a close watch on the violation of the Guidelines issued for Prevention and Regulation of Dark Patterns. Instances of Dark Patterns have been noticed on E-Commerce platforms.
The Department of Consumers Affairs, Government of India constituted a Joint Working Group (JWG) comprises of representatives from concerned Ministries, regulators, Voluntary Consumer Organisations and NLUs. The mandate of this JWG is examine and undertake measures to identify violations of Dark Patterns on e-commerce platforms and share the information with the Department of Consumer Affairs on regular intervals. The JWG shall also suggest appropriate awareness programmes for creating awareness amongst the consumers.
As part of the Government's broader strategy and ongoing efforts to strengthen consumer protection in the digital era and curb unfair practices in e-commerce and online services, Department of Consumer Affairs, Government of India had notified the Guidelines for Prevention and Regulation of Dark Patterns in 2023 and specified 13 dark patterns, namely: False urgency, Basket Sneaking, Confirm shaming, forced action, Subscription trap, Interface Interference, Bait and switch, Drip Pricing, Disguised Advertisements and Nagging, Trick Wording, Saas Billing and Rogue Malwares.
