CCPA's recent advisory on dark patterns sent to over 50 online platforms

Business Standard

5 hours ago

India's consumer protection watchdog recently issued an advisory to over 50 online platforms, asking them to eliminate dark patterns and conduct self-audits within three months. The Central Consumer Protection Authority (CCPA) sent the directive not just to e-commerce giants such as Amazon and Flipkart but also to travel aggregators, food-tech platforms, ride-hailing firms, medi-tech start-ups, streaming services, and fintech companies.
Business Standard reviewed a copy of the 5 June email, which noted ongoing instances of dark pattern use despite existing guidelines. In some cases, the CCPA said it had issued notices. The advisory cited Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates that consumer consent for purchases must be explicitly obtained — not automatically recorded through pre-ticked checkboxes or similar mechanisms.
Companies are still evaluating the advisory. Flipkart, in a statement, said the company welcomes the CCPA's emphasis on fostering online consumer confidence. 'We are currently assessing the self-audit requirements to ensure comprehensive and timely compliance, and we see this advisory as a reaffirmation of the values already central to our Flipkart Marketplace Platform.'
The statement further added: 'Flipkart has been committed towards the dark pattern guidelines and has taken several measures to increase its awareness. Our active collaboration with the government and other stakeholders has been key to jointly shaping a responsible e-commerce ecosystem.'
Another platform acknowledged the advisory but noted that the dark pattern guidelines are not legally binding. It argued that such practices are not an industry-wide issue and that companies routinely experiment with design elements to boost engagement and sales.
Business Standard wrote to platforms including Amazon, Meesho, Apple, Uber, BookMyShow, Paytm, Namma Yatri, Meta, Nykaa, Zomato, Swiggy, BigBasket, Tata 1mg, and Snapdeal. However, these queries did not elicit a response till the time of going to press.
Dark patterns refer to deceptive or manipulative design elements in websites or mobile applications that trick users into taking actions they might not have intended, such as making a purchase or subscribing to a service.
In 2023, the government issued guidelines identifying 13 specific types of dark patterns. These include tactics such as creating false urgency, adding items to a cart without consent (basket sneaking), guilt-tripping users (confirm shaming), forcing actions, trapping users in subscriptions (subscription traps), manipulating interfaces (interface interference), bait-and-switch tactics, hiding full costs (drip pricing), disguising advertisements, persistent prompts (nagging), misleading wording, unclear SaaS billing practices, and deceptive malware behaviours (rogue malware).