The Central Consumer Protection Authority (CCPA) has issued a directive to all e-commerce platforms, mandating a comprehensive self-audit within three months. This initiative aims to identify and eliminate "dark patterns"—deceptive design elements that mislead users into making unintended choices. Released on June 7, the advisory underscores the government's commitment to ensuring a fair and transparent digital shopping environment.
Dark patterns are subtle yet manipulative design tactics used on websites and apps to coerce users into actions they might not have intended to take. These practices not only erode consumer trust but also distort fair market dynamics, posing a serious threat to the integrity of digital commerce. The CCPA's advisory is a proactive step to curb these unfair trade practices and restore consumer confidence in online transactions.
The CCPA has mandated that all e-commerce platforms undertake self-audits to identify and rectify any dark patterns present on their platforms. The self-audit reports will serve as the basis for e-commerce firms to provide self-declarations affirming that their platforms are free from such deceptive practices. These declarations are expected to play a crucial role in reinforcing consumer trust and promoting a fair digital shopping environment.
Government's Broader Strategy
The advisory is part of a broader strategy by the government to strengthen consumer protection in the digital era. The Department of Consumer Affairs has constituted a Joint Working Group (JWG) to examine and undertake measures to identify violations of dark patterns on e-commerce platforms. This group comprises representatives from concerned ministries, regulators, voluntary consumer organizations, and National Law Universities (NLUs). The JWG will share information with the at regular intervals and work to create awareness among consumers to refrain from dark patterns.
The CCPA has also sent notices to e-commerce platforms, highlighting instances of dark patterns that violate the Guidelines for Prevention and Regulation of Dark Patterns. These guidelines, notified in 2023, specify 13 dark patterns, including false urgency, basket sneaking, confirm shaming, forced action, subscription trap, interface interference, bait and switch, drip pricing, disguised advertisements, nagging, trick wording, SaaS billing, and rogue malware.
False urgency, for instance, creates a sense of scarcity or time pressure to compel consumers to make a purchase. Basket sneaking involves adding items to a consumer's cart without their explicit consent. Confirm shaming uses guilt to manipulate consumers into making a decision, while forced action requires consumers to take an action they may not want to, such as signing up for a service to access content. These tactics, among others, are designed to undermine consumer autonomy and manipulate decision-making processes.
