Dark Patterns in Online Shopping: Have you ever been surprised to see a pop-up message like “Only 1 item left in stock” or “Offer ending soon” while shopping online and made a hasty purchase? If yes, then you too are stuck in a dark pattern.
Currently, dark patterns have increased on digital platforms, and to address the growing concern, the Ministry of Consumer Affairs recently held a high-level meeting with more than 50 companies, including platforms like SwiggyZomato, Ola and Uber. Several companies have already received notices, making the issue a topic of public debate. But the question is, what exactly are dark patterns, and why are regulators focusing on them now?
What exactly are dark patterns?
In simple terms, dark patterns are deceptive design techniques used on apps or websites to influence a user’s decision – often without their knowledge. These tactics seem normal to users, but they are designed to motivate them to take actions they would not otherwise choose.
A common example of this is the recurring message: “Only 1 item left in stock,” or “Offer expires soon.” Many users assume this is true and rush to buy without comparing or verifying. This sense of false urgency is one of several dark patterns identified by regulators.
The 13 Dark Patterns Listed Under the 2023 Guidelines
The Guidelines for Prevention and Regulation of Dark Patterns, 2023, define 13 dark patterns, including:
In this, the customer is often lied to, and the illusion is created that there is a shortage of goods or that there is time pressure. For example, they may create a crisis situation by telling you that the deal is about to end, stock is about to run out, rates are about to rise, etc.
In this dark pattern, additional products or charges are added to a customer’s cart without their consent. The price of those additional products is then added to the bill.
This is a dark pattern that makes it extremely difficult to exit a website once you’ve entered it.
This involves blocking access until users perform a specific action, such as selecting a product.
This is a dark pattern whereby customers are repeatedly pushed towards a purchase or decision.
In this, advertisers advertise one product but deliver another, often with excuses such as “original stock unavailable”.
Most people are already aware of this dark pattern. In this, e-commerce websites only disclose additional fees at the time of final checkout.
If you are suddenly asked in the middle of shopping if you no longer want to receive messages about discounts and new collections, this is also considered a dark pattern.
In this case, the company offers a free trial for 30 days or a fixed period, and then automatically activates a renewed subscription without explicit or clear consent.
Inserting malware, i.e. virus, in the consumer’s computer or mobile is also a dark practice, aimed at interfering with customers’ preferences or inciting them to take action by inserting harmful code or deceptive pop-ups that manipulate user choices.
11–13. Misleading ads, interface interference, and SaaS billing issues that distort or hide critical choices and information.
What has the ministry announced?
According to the Ministry of Consumer Affairs, Food and Public Distribution, 26 major e-commerce platforms have submitted self-declaration forms confirming compliance with the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These declarations state that the platforms have taken steps to identify, assess, and eliminate manipulative design practices that mislead or pressure consumers.
Why Self-Audits Matter?
The ministry believes these voluntary disclosures are an important step in protecting consumers from manipulative online practices. By conducting self-audits and eliminating harmful patterns, platforms can build transparent and safe digital experiences.
CCPA’s Stand
The Central Consumer Protection Authority (CCPA) has welcomed the declarations and encouraged other companies to follow suit. Earlier, the CCPA had instructed platforms to upload their self-audit declarations on their websites for public access.
The ministry adds that awareness efforts are also underway. Through the National Consumer Helpline, outreach programmes, social media campaigns and educational videos, consumers are being trained to identify dark patterns and report them. Complaints are being handled systematically, and enforcement action will be taken whenever necessary.
The CCPA has made it clear that it is closely monitoring violations and will take strict action against platforms found using deceptive design practices.
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