URGING E-COMMERCE companies to refrain from indulging in any design or pattern in the online interface of their platforms that may deceive or manipulate consumer choice and fall in the category of dark patterns, the Centre has constituted a 17-member task force to prepare guidelines on protecting consumers against dark patterns. In a letter to e-commerce companies and industry associations, Consumer Affairs Secretary Rohit Kumar Singh said, “It is relevant to note that a dark pattern involves using a design and choice architecture to trick, coerce or influence consumers to make choices not in their best interest. Engaging in such deceptive and manipulative conduct by using dark patterns in online interfaces unfairly exploits consumers’ interest and constitutes ‘unfair trade practices’ under the Consumer Protection Act, 2019.” “In such a scenario, it is essential that online platforms do not indulge in unfair trade practices by incorporating dark patterns in their online interface to manipulate consumer choice and violate ‘consumer rights’ as enshrined under Section 2(9) of the Act,” Singh said. “Therefore, I strongly urge you to refrain from indulging in any design or pattern in the online interface of your platform that may deceive or manipulate consumer choice and fall in the category of dark patterns,” he said. The letter has been sent to 26 e-commerce companies including Amazon, Flipkart, Paytm Mall, Snapdeal, Reliance Retail Ltd. (AJIO), Tata Cliq, Big Basket, Urban Ladder, Grofers, Swiggy, Nykaa, 1mg.com, Jio Platforms Ltd, India Mart, Pharm Easy, Urban Clap, and Zomato. This came two weeks after the Consumer Affairs Secretary held a consultation with various stakeholders on this issue on June 13. Singh said enforcement has begun and online platforms have been warned of action.
