Are you a frequent online shopper? Here’s how you could be lured by apps, websites via ‘dark patterns’

While these practices might seem annoying and frustrating, they actually fall under the category of “unfair trade practices” as defined in Section 2(47) of the Consumer Protection Act, 2019, and can attract a punishment of both imprisonment and fine.

On November 30, 2023, the Central Consumer Protection Authority issued “Guidelines for Prevention and Regulation of Dark Patterns, 2023” and listed 13 identified dark patterns in the e-commerce sector.

Here’s the list:

• Basket sneaking

Inclusion of additional items in your shopping basket at the time of checkout from a platform without asking for your consent first. This inflates your final bill in relation to what you had initially decided to pay.

• Confirm shaming

Guilt tripping with pop-ups such as “No, I don’t want to save money!” while declining an offer online.

• Forced action

Some platforms “force” users to take unwanted actions — such as buying additional products or subscribing to unrelated services — just to complete their original purchase. One example is bundling newsletter sign-ups with terms and conditions, leaving users with no option to go forward without signing up.

• Drip pricing

This is the practice of showing consumers an initial price for a product and then “dripping” additional fees. Under this practice, the prices of goods are not revealed upfront and are surreptitiously revealed as the consumer is about to make the final purchase.

• Subscription trap

Ever thought that making subscriptions to platforms and apps was far easier than cancelling them? If yes, then it’s likely you’ve encountered a “subscription trap” — a process which makes cancellation of a paid subscription or service lengthy, complex and cumbersome in the hope that customers would get exhausted and end up staying subscribed.

• Bait and switch

This is a form of deception wherein one outcome is advertised and another is served. An example could be when discounts are offered, but terms that make the savings negligible are imposed simultaneously.

• Disguised advertisement

With this practice, platforms blend an advertisement with genuine interface elements to ensure engagement with the ad by subterfuge. Fake “download” buttons on websites that redirect you to malware or advertisements are an example.

• Interface interference

Poor design elements, such as low contrast or obscure placement, are often used by platforms to hide critical information. Hard-to-read text, which leaves users unaware of key terms or information, is an example.

• Trick wording

This involves using vague or misleading language to confuse users into unintended actions. Phrases such as “check this box to opt out” could lead users to believe they are opting out.

• Nagging

Like a nagging loved one, digital platforms could repeatedly interrupt users with prompts and pop-ups. This dark pattern involves an overload of requests, which is unrelated to the intended purchase of goods and services.

What is the government doing to prevent and regulate dark patterns?

In answer to the Rajya Sabha dated August 5, B L Verma, the Minister of State, Consumer Affairs, Food and Public Distribution, said all e-commerce platforms have been advised to take necessary steps to ensure their platforms “do not engage in such deceptive and unfair trade practices which are in the nature of dark patterns”.

“Further, all e-commerce platforms have been advised to conduct self-audits to identify dark patterns, within three months of the issue of the advisory, and take necessary steps to ensure their platforms are free from such dark patterns,” he said.

Verma responded to a query posed by Rajya Sabha MP Sadanand Mhalu Shet Tanavade on the outcome of various guidelines notified by the government for the prevention and regulation of manipulative dark patterns used by e-commerce companies and the actions that have been taken so far.

Verma also stated that, based on self-audit reports, the e-commerce platforms should give self-declarations with the assertion that their platform is not indulging in any dark patterns.

“A Joint Working Group, comprising representatives from Ministries, National Law Universities and Voluntary Consumer Organisations, has been constituted vide Office Memorandum dated June 5, 2025, for identifying dark patterns… stakeholders to work together in creating a transparent, ethical and user-centric online environment,” the answer added.

In 2024, the Advertising Standards Council of India (ASCI) analysed around 12,000 screens from 53 apps across nine industries, identifying an average of 2.7 deceptive patterns per app. The ASCI had also pointed out that 52 of the 53 top Indian applications and platforms use dark patterns to deceive their users, implying that it is extremely common for users to come across these.