Dark Patterns & India;

Over the past decade, India’s e-commerce and app-based services have grown exponentially, with millions of new users joining digital platforms each year. However, alongside this rapid expansion, concerns have arisen about manipulative design tactics, often referred to as “dark patterns.” These deceptive strategies can covertly influence consumer behavior, leading people to make unintended decisions online such as adding unwanted services to their carts, accepting hidden terms, or being subjected to price manipulation. With significant complaints from consumers, policy think tanks, and advocacy groups, the Indian government has stepped up regulatory efforts to curb dark patterns and protect users in the digital marketplace.

This article offers a comprehensive view of how dark patterns operate, their prevalence in India’s ride-hailing and e-commerce sectors, and the government’s corresponding actions, including the imminent release of dedicated mobile applications to empower consumers.

Understanding Dark Patterns

In a broad sense, “dark patterns” describe user-interface or user-experience (UI/UX) designs intentionally crafted to manipulate or deceive consumers. The term was coined in 2010 by user-experience designer Harry Brignull to spotlight how certain design elements can coerce, nudge, or trick users into taking actions they did not originally intend or want to do.

Common examples include:

1. Bait-and-Switch: Presenting an enticing offer that changes once the user tries to accept it.

2. Forced Action: Compelling the user to complete certain steps like consenting to share personal data to move forward in a transaction.

3. Drip Pricing: Revealing additional fees (delivery, platform, processing charges) only at the final stage of purchase, making the total cost much higher than initially advertised.

4. Confirm Shaming: Subtly guilting users into accepting an offer (e.g., “I don’t care about saving money” as the button text for opting out).

5. False Urgency: Setting artificial countdown timers or claiming limited stock when more units are actually available.

These deceptive tactics thrive in digital environments where consumers have minimal time to scrutinize each prompt or charge, often trusting that the platform is being transparent.

Prevalence in India’s App-Based Services

A collaborative survey by LocalCircles, a community social media platform, underscores the pervasiveness of dark patterns among Indian ride-hailing and app-based taxi services. The study gathered over 33,000 responses from users across 269 districts [1]. Its findings reveal that:

• 8 in 10 app taxi users reported exposure to dark patterns like bait-and-switch or forced action.

• 4 in 10 experienced drip pricing (hidden fees introduced at the last minute).

• Many also raised concerns about price manipulation based on user details, noting higher fares on iPhones compared to Android devices and surge pricing triggered by low phone batteries.

These findings extend beyond ride-hailing. In a separate study by the Advertising Standards Council of India (ASCI) Academy and design firm Parallel HQ, 52 of 53 popular apps in India were flagged for employing at least one dark pattern, with sectors like healthtech, travel booking, and fintech being particularly prone to these deceptive practices [2].

Case Study: Ride-Hailing Apps

Forced Action and Cancellation Fees
Among Ola, Uber, InDrive, Rapido, and BluSmart users, a notable issue is forced action, where riders are compelled to cancel trips because drivers refuse digital payments or will not travel to certain destinations [1]. This coerced cancellation shifts the blame and the penalty to the consumer, violating their autonomy.

Bait-and-Switch Waiting Times
Another prevalent complaint is the discrepancy between displayed and actual waiting times. Users frequently see very short waiting times before booking, yet experience prolonged delays once the driver is en route, often forcing cancellations if they are pressed for time.

Drip Pricing
LocalCircles data reveal that 42 percent of app-based taxi users encountered additional charges not disclosed upfront, including “platform fees” or “convenience fees” added at the end of a transaction [1].

Dark Patterns in E-Commerce During Festive Seasons

India’s festive shopping season is a critical revenue period for e-commerce platforms. Amid major sales by companies like Amazon, Flipkart, and Meesho, the Ministry of Consumer Affairs received numerous complaints about misleading tactics [3]. Common complaints include:

1. Hidden Fees: Shipping and handling charges added at the final checkout, elevating the originally advertised price.

2. False Urgency: Flash sale countdowns, repeated even after time expires.

3. Basket Sneaking: Auto-adding items or services like extended warranties or donations without clear user consent.

The Central Consumer Protection Authority (CCPA) has begun formal investigations against suspected violators, underscoring the severity of dark patterns in undermining consumer rights.

India’s Regulatory Framework

India’s regulatory landscape for consumer protection includes:

1. Consumer Protection Act (CPA), 2019:

   • Defines unfair trade practices and misleading advertisements.

   • Grants enforcement powers to the CCPA, including issuing directives, conducting investigations, and levying fines for non-compliance [4].

2. Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022:

   • Issued by the CCPA to curtail “unfair trade practices” and “false or misleading advertisements,” particularly from celebrities and influencers [5].

3. Dark Pattern Guidelines, 2023:

   • Published by the Department of Consumer Affairs in collaboration with the Advertising Standards Council of India.

   • Identifies 13 distinct dark patterns from false urgency to basket sneaking to drip pricing and deems them violations of consumer rights [6].

   • Although comprehensive, critics note that the guidelines do not yet prescribe clear penalties for each violation nor do they address every deceptive practice that could emerge.

4. Digital Personal Data Protection Act (DPDP), 2023:

   • Addresses consent-driven data protection obligations.

   • Potentially covers some dark pattern practices that manipulate user consent regarding personal data.

Government Crackdown and Recent Actions

IndiGo Airlines
The airline was recently cautioned for allegedly tricking users into purchasing add-ons like seat selection or insurance. Complaints noted “confirm shaming” techniques, where declining extra services was framed in negative language [6]. IndiGo modified its platform to offer transparent seat selection and disclaimers.

BookMyShow
Flagged for “basket sneaking” by auto-adding a Re 1 donation to “BookASmile” without seeking explicit user consent [6]. After the CCPA intervened, BookMyShow revised its approach to make the donation entirely optional.

Ola, Uber, Rapido
Under scrutiny for forced action and bait-and-switch. Both companies updated cancellation fee structures, although users still report disparities in forced cancellations.

Upcoming Consumer Protection Apps

In December 2024, on National Consumers Day, the Department of Consumer Affairs is slated to launch three dedicated apps to tackle dark patterns [7]:

1. Jago Grahak Jago App: Sends real-time alerts for suspicious, potentially deceptive URLs.

2. Jagriti App: Allows consumers to file complaints regarding suspected dark patterns directly with the CCPA.

3. Jagriti Dashboard: Aggregates and analyzes consumer reports in real time, enabling swift follow-up and investigations.

These digital tools emphasize transparency and aim to improve consumer awareness, leveraging technology to identify and penalize platforms found engaging in unethical design practices.

Challenges and the Road Ahead

Despite growing awareness, several challenges persist:

• Ambiguities in Enforcement: While the guidelines define common dark patterns, certain tactics like “roach motel” or “roadblock” remain unclassified. Determining intent in interface design can also be subjective, making legal adjudication difficult.

• Jurisdictional Overlaps: Multiple regulatory bodies, including the CCPA, Reserve Bank of India (for fintech apps), and sector-specific regulators, risk duplicating efforts or creating gaps in enforcement. A unified framework would be beneficial.

• Continuous Evolution of UI/UX: Platforms can quickly adapt or devise new manipulation techniques. Regulators must regularly update guidelines to match emerging dark patterns.

• Privacy Concerns: Some dark patterns hinge on data exploitation. Where personal information is collected unfairly or consent is coerced, the boundaries between consumer protection and data privacy become blurred.

Nonetheless, the government’s move to adopt specific guidelines and develop user-friendly, automated detection apps represents a progressive strategy. Observers expect ongoing improvements such as establishing penalty frameworks to strengthen compliance.

Conclusion

India’s battle against dark patterns illustrates the country’s evolving digital economy, balancing innovation and user protection. From ride-hailing apps that misrepresent wait times or hide extra charges, to e-commerce platforms that employ false urgency or force subscriptions, the range of deceptive tactics is extensive. Recognizing the detrimental impact on consumer trust and autonomy, the government has introduced a multi-faceted response: drafting new guidelines, investigating major offenders, and developing apps that alert and empower users.

As the Indian consumer base grows more digitally savvy, legal frameworks and regulatory vigilance must keep pace. Dark patterns, by their very nature, exploit cognitive biases and information asymmetry. While regulatory steps such as the Dark Pattern Guidelines (2023) [6], and the soon-to-be-launched consumer apps add vital protection, their effectiveness lies in ongoing enforcement and public awareness. Ensuring that platforms compete fairly and transparently remains paramount to safeguarding consumer rights in India’s booming digital marketplace.

References

1. LocalCircles Survey on App-Based Taxi Users, 2024.

2. ASCI Academy & Parallel HQ, Conscious Pattern, 2024.

3. The Economic Times, “Govt eyes crackdown on ecommerce dark patterns amid festive shopping season,” Oct 11, 2024.

4. Consumer Protection Act, 2019 (India).

5. Central Consumer Protection Authority, Guidelines for Prevention of Misleading Advertisements and Endorsements, 2022.

6. Department of Consumer Affairs & ASCI, Guidelines for Prevention and Regulation of Dark Patterns, 2023.

7. Ministry of Consumer Affairs, Press Release, Dec 2024.