Online shopping has become part of our everyday life. From groceries to gadgets, most of us depend on e-commerce platforms for convenience and better deals. But behind the glossy apps and attractive discounts, there lies a growing problem: dark patterns.
These are clever design tricks used by websites and apps to manipulate users into making choices they may not actually want. Whether it’s an extra charge added at the last step of checkout, or a subscription that silently renews without clear consent, dark patterns are quietly shaping the way we shop online.
The good news is that the law in India has started taking note of this. The Central Consumer Protection Authority (CCPA) recently issued guidelines specifically targeting dark patterns, making it clear that such practices are unfair, misleading, and illegal.
What Exactly Are Dark Patterns?
The term “dark patterns” refers to user interface designs that deceive or trick consumers into doing things they didn’t intend. The aim is simple: push customers into spending more money, sharing more data, or staying locked into services.
Some common examples include:
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Fake scarcity: “Only 1 item left!” even when stock is available.
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Hidden costs: Extra delivery or convenience fees shown only at the last step.
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Forced continuity: Free trial ends and subscription auto-renews without clear warning.
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Trick questions: Opt-out checkboxes worded in confusing ways.
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Confirm shaming: Making you feel guilty for not choosing a paid upgrade (“No, I don’t want to save money”).
These tactics are not just irritating—they amount to consumer exploitation.
What Does Indian Law Say?
Dark patterns were always questionable under the Consumer Protection Act, 2019, which prohibits unfair trade practices. But until recently, there was no clear regulation naming them directly.
That changed in November 2023, when the CCPA issued detailed Guidelines on Prevention and Regulation of Dark Patterns. These guidelines specifically ban manipulative digital practices in e-commerce, including:
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False urgency or scarcity.
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Bait-and-switch tactics.
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Disguised ads that look like genuine content.
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Sneak-in options where extra products or services are pre-selected.
Violators can face penalties under the Consumer Protection Act, and repeated offenders may also face stricter action from regulatory authorities.
Additionally, India’s Digital Personal Data Protection Act, 2023 strengthens transparency rules around user consent, which indirectly addresses many dark pattern tricks.
How Other Countries Deal With Dark Patterns
India is not alone in tackling this issue. Globally, regulators are cracking down on manipulative design practices:
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In the European Union, the Digital Services Act prohibits dark patterns in online platforms.
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The US Federal Trade Commission (FTC) has issued guidelines and has even fined companies for subscription traps.
By issuing its own guidelines, India has joined the global movement to make the digital marketplace fairer and more transparent.
Real-Life Scenarios in India
Even if we don’t call them “dark patterns,” most of us have experienced them:
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A food delivery app suddenly adds “platform fee” or “handling charge” just before payment.
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OTT platforms automatically deduct subscription fees after a free trial without any reminder.
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E-commerce sites inflate the “original price” to show fake discounts during festive sales.
These may seem like small inconveniences, but on a large scale, they result in massive consumer losses and undermine trust in online commerce.
What Can Consumers Do?
The law gives consumers several rights and remedies:
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Right to Fair Trade Practices – You cannot be forced or tricked into buying something.
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Right to Refund or Compensation – If you were misled, you can claim a refund or file a complaint.
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Complaint Platforms –
- File complaints before District, State, or National Consumer Commissions.
- Approach the Central Consumer Protection Authority.
- Use the online portal: edaakhil.nic.in for e-filing consumer complaints.
The key is awareness. The more consumers recognize dark patterns, the less effective they become.
The Road Ahead
While the guidelines are a welcome step, enforcement will be the real challenge. Large e-commerce platforms often operate in subtle ways that may escape easy detection. For this reason, two things are important:
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Consumer awareness campaigns to educate shoppers.
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Strict monitoring and penalties to ensure compliance.
At the same time, companies must realize that building trust through transparency is better for long-term business than tricking consumers for short-term gains.
Conclusion
Dark patterns are like hidden traps in the digital marketplace—clever, manipulative, and often unnoticed until it’s too late. But with the Consumer Protection Act, 2019 and the CCPA Guidelines of 2023, India now has a legal framework to tackle them.
Still, the responsibility doesn’t lie only with regulators. As consumers, we must stay alert, read carefully before clicking, and speak up when we feel misled. Only then can online shopping truly become what it promises to be: convenient, transparent, and fair.
