Consumer Secretary warns e-commerce of ‘unfair’ dark patterns

Consumer Affairs Secretary Nidhi Khare on Tuesday warned e-commerce companies against deploying deceptive user interface designs known as “dark patterns”, saying the practice violates consumer rights and amounts to to 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, compromising consumers’ autonomy and decision-making and constituting misleading advertising or unfair business practices.

Read: Government bans ‘dark patterns’ on e-commerce platforms; Guidelines for notifications

Addressing a stakeholder session, Khare highlighted various ways online platforms can refrain from using designs that mislead consumers into making unintended purchases or subscriptions, according to a statement official.

She suggested improvements such as relying on consumer feedback, tracking user and repeat customer satisfaction, using app features to identify non-compliant patterns, and self-auditing dark patterns specified, according to an official press release.

Representatives from Indian Institute of Technology, Banaras Hindu University, All India Gaming Federation and companies like Zomato, EaseMyTrip, Urban Company, Uber and CRED attended the session.

The Consumer Affairs Ministry, which notified guidelines to prevent dark patterns in November 2023, specified 13 such designs, including fake emergency alerts, subscription traps, shopping cart stealth, Forced actions, confirmation shaming, interface interference, price drip-feeding, trick questions, disguised advertising, baited pricing, and pushy tactics.

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

The use of dark templates will be considered as misleading advertising, unfair commercial practices or violation of consumer rights, and the penalty will be assessed in accordance with the terms 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 deceive consumers by manipulating their choices and purchasing behavior. »

(With inputs from PTI)