Dark Pattern Guidelines: Light At The End Of The Tunnel For Shoppers?

Scrolling through a list of items on an e-commerce platform, buyers often see notifications such as “Oops! You Left Behind Something In Your Cart” or “Only 3 Products Left”. Such prompts could be misleading.

To safeguard shoppers from these unfair trade practices, the Central Consumer Protection Authority has come out with a set of guidelines. The CCPA says these guidelines would help online shoppers identify dark patterns, such as misleading "free claim advertisements", forcing e-commerce platforms to be more truthful.

While these guidelines have addressed the issue at hand, many experts said they have failed to provide a definite redressal mechanism to consumers. What action will be taken against those resorting to dark patterns has not been clearly outlined, they added.

Issuing the guidelines on November 30, the CCPA said these will apply to all e-commerce platforms that offer goods and services, besides advertisers and sellers. The guidelines listed 13 dark patterns, after a 17-member task force constituted by the government in June studied the grey practices for months.

On September 7, the government had published the draft guidelines and sought public feedback until October 5. In October, it launched a hackathon in a bid to develop an app or software that can flag dark patterns deployed by e-commerce platforms, sellers, and advertisers.

Some of the dark patterns identified in the published guidelines are: False Urgency, Basket Sneaking, Confirm Shaming, Forced Action, Subscription Trap, Interface Interference, and Bait and Switch.

 

“These guidelines are a great step forward in identifying the ‘elephant in the room’ and making consumers more aware about dark patterns. The government should be praised for it,” Pavan Duggal, a cyber law expert, told The Secretariat. “Having said that, it is important to note that these are guidelines, not regulations. Therefore, the deterrent factor is weak.”

How Dark Patterns Work?

E-commerce platforms have deployed several techniques to attract, nudge, and sometimes manipulate shoppers into making a purchase in the absence of guidelines to regulate these practices. As the Indian e-commerce market is expected to become the second-largest in the world in the next 10 years, such guidelines are of utmost importance in shaping the future of the sector.

Industry experts say dark patterns have long influenced consumer behaviour. Even watchful online shoppers say they have noticed various prompts on e-commerce platforms that sit quietly in the middle but try to gain their attention.

“Sometimes, when I see there is only a ‘limited stock’ available, it creates a sort of urgency. I rush my decision believing that the product will be sold out soon,” said Devashree Vaidya, a college student.

Vaidya said she regularly shops for clothes online. “And I have noticed a pattern wherein the platforms often tell me that the offer is for a limited period. But when I check again in a week the offer still remains there.”

According to a survey conducted by Local Circle, a community social media platform, 73% people in 323 districts across India have frequently experienced a surge in air fares or hotel room tariffs after multiple searches. It also noted that 74% of the respondents flagged the issue of a false sense of urgency during the purchase of services from travel apps or sites. Around 67% said they have had to deal with hidden charges during booking of flight tickets and hotels.

Do These Guidelines Bring Any Benefits?

These guidelines can help promote a better ecosystem for the e-commerce industry and strengthen the relationship between the platforms and the consumers. But whether they could promote online shopping and lead to more opportunities for e-commerce players is an open question.

“I believe these guidelines will hamper the revenue of e-commerce platforms that employ dark patterns,” said Sanjay Kumar Raut, a founding member of an e-commerce platform offering services in the interior designing segment.

“I have this strong belief that consumers when it comes to e-shopping, have a tendency to feel vulnerable or unsafe with their transactions, hidden charges, and unfair practices. Therefore, these guidelines can help the customers feel more comfortable about it, and secure as well,” Raut added.

Dhruv Jadhav, an associate at Ikigai Law, a tech-focused law and public policy firm, said these guidelines are a significant step towards securing consumer rights. “Research indicates dark patterns disproportionately impact the less educated consumers. This is especially significant for India, where e-commerce is becoming more popular amongst consumers from all backgrounds, including from diverse geographies, linguistic, economic, and educational backgrounds.”

Undoubtedly, the Central Consumer Protection Authority guidelines on dark patterns are a way forward in creating a healthy ecosystem for e-commerce. However, it appears there's still a big room for improvement. For example, a regulatory framework will go a long way in creating deterrent, as some industry experts have demanded, against misleading practices online.