The government issued a warning on Friday, stating that if online players continue to engage in deceptive tactics known as “dark patterns” that manipulate consumer choice and coerce users into signing up for free trials or sharing personal data, they will face severe consequences. During a media briefing, Consumer Affairs Secretary Rohit Kumar Singh explained that the government initially took a lenient approach, cautioning online players on June 13 to refrain from such practices. However, on June 28, a stern letter was sent, emphasizing that if they do not cease these activities, punitive measures will be taken.
Government to Address Dark Patterns in Online Consumer Practices
Singh also mentioned that the government’s Consumer Affairs Department may release specific guidelines on dark patterns in a few months. He highlighted that the government and consumer protection regulator became aware of the issue due to the growing popularity of online shopping and the increasing number of internet users, which is projected to reach 900 million by 2025. Singh stated, “Initially, we were unaware of dark patterns. Then, we started observing their prevalence in other regions and countries, and we realized that it is a significant problem. We have identified nine dark patterns and instructed the industry not to employ them.”
During the June 13 meeting held in Mumbai, the Consumer Affairs Department urged online players to put an end to these deceptive practices. Some examples of dark patterns include creating a false sense of urgency or scarcity to pressure consumers into making unintended purchases, adding additional products or services to the shopping cart without user consent, coercing consumers into actions they do not wish to take (such as signing up for a service to access content), repeatedly and persistently requesting consumers, and concealing hidden costs until the consumer has already committed to a purchase.
Government Takes Action to Protect Consumers’ Rights by Cracking Down on Dark Patterns
The secretary stated that enforcement measures against online players utilizing dark patterns have already commenced. Moving forward, the department will accept consumer complaints and forward them to the Central Consumer Protection Authority (CCPA). Currently, dark patterns have been identified within misleading advertisements, and the department is in the process of formally classifying them as such. By July 31, they expect to determine the number of complaints falling under the category of dark patterns.
According to the Consumer Protection Act, manipulating consumer choices constitutes an unfair trade practice. Nidhi Khare, the Chairperson of the CCPA, explained that the law allows for imprisonment as a penalty for engaging in unfair trade practices. She added, “We can also direct them to discontinue whatever they are doing. They are employing these practices on a large scale, and people often do not recognize it. Sometimes we mistake it for their marketing strategy, but it is not. It is an unfair trade practice.”
