Dark Patterns

About Dark Patterns

• Dark patterns, also known as deceptive patterns, involve using design and choice architecture to deceive, coerce, or influence consumers into making choices that are not in their best interest. 
• It encompasses a wide range of manipulative practices.
• Legal remedies: Such practices fall under the category of “unfair trade practices” as defined in Sub-section 47 under Section 2 of the Consumer Protection Act, 2019.
• Guidelines: Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, issued “Guidelines for Prevention and Regulation of Dark Patterns, 2023” for prevention and regulation of dark patterns, listing 13 specified dark patterns identified in the e-commerce sector. 
• These dark patterns include:
  • False Urgency: This involves creating a fake sense of scarcity, popularity, or time pressure to push users into making quick purchases or decisions that they might not otherwise make.
  • Basket Sneaking: This includes automatic addition of a donation during checkout.
  • Confirm Shaming: This involves emotional messaging that discouraged users from removing the donation.
  • Forced Action: This involves requiring users to share personal information before accessing courses advertised as free.
  • Nagging: This includes repeatedly interrupting or pressuring users with requests, prompts, or offers to make a purchase or complete a transaction, causing annoyance or disruption.
  • Subscription Traps: Under this, parties make it easy to sign up for a service but difficult to cancel, such as by hiding cancellation options, requiring unnecessary steps, or automatically charging users after a “free” trial without clear consent.
  • Bait & switch: This includes advertising a service but delivering another, often of lower quality.
  • Rogue Malware: This involves malicious software that falsely claims a device is infected and pressures users to pay for fake security tools, which may actually install malware or cause further harm.
  • Disguised ads: It is designed to look like content, such as news articles or user-generated content.
  • Interface Interference: It involves designing the interface to emphasize certain options while hiding or obscuring important information, influencing users to make unintended choices.
  • Drip Pricing: It involves revealing additional charges, fees, or costs only later in the purchase process instead of showing the full price upfront.
  • Trick Question: It includes using confusing wording, double negatives, or ambiguous language to mislead users into taking actions they did not intend.
  • SaaS Billing: It involves using recurring subscription charges in a way that makes payments continue automatically and unobtrusively, making it difficult for users to notice, manage, or cancel them.