E-Commerce Platforms Advised To Self-Audit & Eradicate ‘Dark Patterns’

The Central Consumer Protection Authority (CCPA) has issued an advisory to all e-commerce platforms, advising them to conduct immediate self-audits to identify and eliminate deceptive design interfaces known as “Dark Patterns.” Platforms have been given a three-month window to conduct this self-audit and are encouraged to submit self-declarations affirming their adherence to fair trade practices.

The CCPA has observed an increasing prevalence of Dark Patterns on e-commerce platforms and has already issued notices to several violators of existing guidelines.

Mandatory Self-Audits and Compliance

E-commerce platforms are now advised to:

1. Perform self-audits within three months of the advisory’s issuance to detect and resolve any instances of dark patterns.
2. Take necessary steps to ensure their platforms are free from such deceptive practices.
3. Are encouraged to provide self-declarations to foster a fair digital ecosystem and build consumer trust.

The CCPA has explicitly advised platforms to refrain from deploying deceptive design interfaces that mislead consumers or manipulate their choices, emphasizing its close watch on the violation of the “Guidelines for Prevention and Regulation of Dark Patterns, 2023.”

Joint Working Group to Combat Dark Patterns

Further bolstering these efforts, the Department of Consumer Affairs has constituted a Joint Working Group (JWG). This group comprises representatives from relevant Ministries, regulatory bodies, Voluntary Consumer Organisations, and National Law Universities. Its mandate includes:

• Examining and undertaking measures to identify violations of Dark Patterns on e-commerce platforms.
• Regularly sharing information with the Department of Consumer Affairs.
• Suggesting appropriate awareness programs to educate consumers about these deceptive practices.

Understanding ‘Dark Patterns’:

The “Guidelines for Prevention and Regulation of Dark Patterns,” notified in 2023, specifically outlined 13 types of dark patterns. These deceptive tactics include:

1. False Urgency: Creating a false sense of urgency to pressure consumers into immediate purchases.
2. Basket Sneaking: Adding extra products or services to a user’s cart without their explicit consent.
3. Confirm Shaming: Using language designed to guilt users into making a specific choice.
4. Forced Action: Requiring users to take an unintended action to access a desired feature.
5. Subscription Trap: Making it difficult for users to cancel a subscription.
6. Interface Interference: Designing the user interface in a way that intentionally hinders user actions.
7. Bait and Switch: Advertising a product at a certain price or quality, then substituting it with a less desirable option.
8. Drip Pricing: Revealing additional fees or charges only at later stages of the purchase process.
9. Disguised Advertisements: Presenting advertisements as editorial content
10. Nagging: Persistently requesting user action.
11. Trick Wording: Using confusing or misleading language to obscure information.
12. SaaS Billing: Making it hard to understand or manage recurring billing for Software as a Service.
13. Rogue Malwares: Deceptive tactics related to installing unwanted software.