Definition
Dark patterns are all the practices or deceptive design patterns using user interface or user experience (UI/UX) interactions on any platform that are specifically designed to mislead or trick users into doing something they originally did not intend or want to do, by subverting or impairing consumer autonomy, decision-making, or choice, which would constitute misleading advertisement, unfair trade practice, or violation of consumer rights.
In India, this is codified in the Guidelines for Prevention and Regulation of Dark Patterns, 2023, which was issued by the Central Consumer Protection Authority (CCPA) under Section 18 of the Consumer Protection Act, 2019 (CPA). They are also treated as “unfair trade practices” under Section 2(47) of the CPA, including tactics such as drip pricing, bait and switch, disguised ads, and false urgency. The framework applies to all platforms that provide goods/services in India – including e-commerce companies, advertisers, and sellers – with no explicit statutory exceptions provided, though enforcement is directed at digital interfaces.
Commentary
Dark patterns break down into 13 specified types under the 2023 Guidelines, including false urgency, basket sneaking, confirm shaming, and forced action, each exploiting cognitive biases for commercial gain.
List of 13 Dark Patterns (Provided in the Schedule of the 2023 guidelines)
False urgency: Creates artificial time pressure, e.g., fake countdown timers claiming stock will run out soon.
Basket sneaking: Automatically adds extra items to a user's cart without consent during checkout.
Confirm shaming: Uses guilt-tripping language to discourage users from opting out, e.g., "No, I don't care about saving money."
Forced action: Requires users to take an unwanted action to proceed, like mandatory subscriptions to access features.
Subscription trap: Makes signing up easy but cancelling subscriptions difficult or hidden.
Interface interference: Manipulates UI elements, e.g., larger buttons for "Yes" vs. tiny/hidden "No."
Bait and switch: Lures with a low-price offer, then switches to higher-priced alternatives at checkout.
Drip pricing: Reveals fees incrementally rather than upfront, obscuring total cost.
Disguised advertisements: Presents ads as organic content or recommendations to trick engagement.
Nagging: Repeated prompts or pop-ups pressuring users after initial refusal.
Trick wording: Uses confusing or double-meaning language to mislead, e.g., "Confirm you don't want free benefits."
SaaS billing: Charges via software-as-a-service models with unclear auto-renewals or hard-to-cancel terms.
Rogue malwares: Deploys fake virus alerts or malware warnings to push unnecessary downloads
From an economic perspective, they essentially inflict harm by encroaching on consumer autonomy, resulting in over-buying or unintended sharing of data; execution modes entail UI manipulations, such as hidden opt-outs; and ultimately market harms can be seen via distorted competition where dominant platforms build up power with resulting exclusionary designs that can lead to smaller players’ removal. In that regard, India took inspiration from the international context as seen in the EU's Digital Services Act, which prohibits manipulative interfaces, and from the early recognition by the Advertising Standards Council of India (ASCI) in 2022; and with the US FTC being case-by-case, India’s proactive Guidelines are clearer prohibitions with no penalty. In this light, major developments such as CCPA advisories calling for self-audits (2025) and Competition Commission of India (CCI) scrutiny on the grounds of abuse of dominance when it comes to interface manipulation (e.g. under Section 4 of the Competition Act, 2002), and the emergence of probes in the realm of digital markets, are timely to highlight.
Key CCPA Actions on Dark Patterns
FirstCry (M/s Digital Age Retail Pvt. Ltd.): CCPA imposed a ₹2 lakh penalty for drip pricing–displaying MRP as tax-inclusive but adding GST at checkout, misleading on discounts (e.g., advertised 27% off effectively 18.2%). The platform was directed to show all-inclusive prices upfront.
IndiGo Airlines: CCPA issued a suo motu notice for opaque seat assignment (hiding skip option for paid seats) and confirmshaming (e.g., "No I will take risk" for opting out of baggage insurance), violating interface interference and confirmshaming patterns.
BookMyShow: Targeted in suo motu action for manipulative practices like disguised ads or urgency tactics in ticket booking, as part of broader entertainment sector scrutiny.
11 Companies (Quick Commerce & Transport Apps): Show-cause notices issued for false urgency, drip pricing, subscription traps, and nagging; includes platforms like ride-hailing and grocery delivery apps, requiring explanations and remedies.