Consumer Affairs Ministry to act against deceptive dark patterns in e-commerce

The Ministry of Consumer Affairs is stepping up action against deceptive practices, known as dark patterns, used by e-commerce and digital platforms to mislead users, Consumer Affairs Minister Pralhad Joshi said on Wednesday, according to The Economic Times.

Dark patterns refer to design techniques that manipulate user behaviour, often leading consumers to make unintended purchases, subscriptions, or payments. The ministry has identified 13 such practices, including subscription traps and repeated prompts or nagging, under guidelines issued on November 30, 2023, to curb unfair trade practices on digital platforms.

The enforcement against digital platforms forms part of a broader push under the Consumer Protection Act, 2019, which mandates that consumer complaints be resolved within three months.

While addressing an event to mark National Consumers Day, Joshi said he often receives emails about new dark patterns, noting that such practices emerge daily but that the department continues to address them proactively.

Joshi noted the ministry was proactively examining complaints related to these practices as digital platforms continue to evolve new ways of influencing consumer choice. He credited officials in the department for addressing such complaints and enforcing the guidelines.

Consumer Affairs Secretary Nidhi Khare said the government had formally engaged with e-commerce companies to curb the use of dark patterns. She said the ministry had requested them to post it on their website and give their declaration that their websites do not employ any of the 13 dark patterns. About 26 e-commerce entities have submitted self-audit declarations, which are under review, she said.

She said dark patterns often arise when consumer choice is manipulated, information is asymmetric, or charges are hidden. All these actually involve the dark pattern because these are the patterns that are being used with algorithms or AI tools and so on, she said.

The ministry said it continues to track violations involving digital interfaces and online marketplaces, as concerns grow over the use of algorithms and artificial intelligence to influence consumer decisions without clear disclosure.