Click, Buy, Regret

As consumer complaints against ecommerce dark patterns surge in festive seasons, legal frameworks in India remain weak

- By HIMANI KOTHARI

This festive season, the surge in online shopping in India's $125 billion ecommerce market was accompanied by another rise: Complaints regarding dark patterns. Although such tactics may be in force round the year, the festive season, which brings along heavy discounts and frenzied shopping, is fertile ground for ecommerce platforms to double down on them.

In an attempt to study these patterns and practices, LocalCircles, a Noida-based community forum and pollster that works with the Department of Consumer Affairs, conducted a survey, as the discount season began on September 22, with Navratri. “Our four month-long survey closed on September 30,” says Sachin Taparia, co-founder of LocalCircles. “Between 30 and 35 percent of all complaints came during the last week.”

A September report by LocalCircles found that about 97 percent of India’s 290 major online platforms manipulate user decisions with what is called ‘dark patterns’. On November 30, 2023, the Central Consumer Protection Authority (CCPA) had notified the guidelines for Prevention and Regulation of Dark Patterns. Thirteen dark patterns were named under these guidelines: 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.

In June, the CCPA issued an advisory recommending all ecommerce platforms to conduct self-audits in three months to identify dark patterns on their systems. The Department of Consumers Affairs has set up a Joint Working Group to check for violations, with notices being sent to those found indulging in dark patterns. Fines between ₹10 lakh and ₹15 lakh can be imposed, following investigations. So far, only Flipkart and BigBasket have announced the completion of their self-audit.