E-commerce platforms in India are now under increased scrutiny to ensure fair practices and protect consumer rights. The Central Consumer Protection Authority (CCPA) has directed all e-commerce platforms to conduct self-audits within the next three months to detect and eliminate "dark patterns" from their online interfaces. This move aims to foster a more transparent, ethical, and consumer-centric digital ecosystem.

Dark patterns are deceptive design elements that manipulate users into making unintended choices. These practices exploit psychological biases and can lead consumers to purchase goods or services they didn't initially want or agree to. The CCPA's advisory underscores the government's commitment to tackling these unfair trade practices and safeguarding consumer interests.

The advisory issued by the CCPA requires e-commerce platforms to proactively identify and rectify any dark patterns present on their platforms. Following the self-audit, platforms are encouraged to provide self-declarations affirming their compliance and commitment to maintaining a dark pattern-free environment. This self-regulation approach is expected to build trust between consumers and e-commerce platforms, fostering a more reliable and transparent online marketplace.

The CCPA's action follows the establishment of Guidelines for Prevention and Regulation of Dark Patterns in 2023, which outlined 13 specific types of dark patterns. Despite these guidelines, the CCPA has observed continued instances of dark patterns on e-commerce platforms, prompting the current directive for self-audits. The Consumer Protection (E-Commerce) Rules, 2020, also stipulate that e-commerce entities must obtain explicit and affirmative consent from consumers for any purchases, prohibiting automatic consent through pre-ticked checkboxes or other deceptive means.

To further strengthen consumer protection, the Department of Consumer Affairs has constituted a Joint Working Group (JWG) comprising representatives from various ministries, regulators, consumer organizations, and National Law Universities (NLUs). The JWG is tasked with identifying dark pattern violations on e-commerce platforms, sharing information with the Department of Consumer Affairs, and suggesting awareness programs for consumers.

The government has identified 13 common dark patterns, including:

• False Urgency: Creating a sense of urgency to rush consumers into making a purchase.
• Basket Sneaking: Adding unexpected items to a consumer's shopping cart.
• Confirm Shaming: Making consumers feel guilty for declining an offer or option.
• Forced Action: Requiring consumers to perform an action they may not want to in order to access a service or product.
• Subscription Trap: Making it difficult for consumers to cancel subscriptions.
• Interface Interference: Manipulating the user interface to confuse or distract consumers.
• Bait and Switch: Advertising one product but then offering a different, often inferior, product.
• Drip Pricing: Hiding additional fees until the final stage of the purchasing process.
• Disguised Advertisement: Presenting advertisements as genuine content.
• Nagging: Bombarding consumers with repeated requests or notifications.
• Trick Question: Using confusing or misleading questions to manipulate consumer choices.
• SaaS Billing: Unexpected or recurring charges for Software as a Service (SaaS).
• Rogue Malwares: Using malicious software to deceive or harm consumers.

E-commerce platforms found to be engaging in dark patterns may face consequences under the Consumer Protection Act, 2019, which empowers the CCPA to regulate unfair trade practices and protect consumer rights. By mandating self-audits and encouraging self-declarations, the CCPA aims to foster a culture of compliance and ethical design within the e-commerce industry, ultimately benefiting consumers and promoting a fair digital marketplace.