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CCPA 'Dark Patterns' warning: Advisory goes out to streamers, fintechs in addition to e-commerce firms
The directive mandates these platforms to eliminate deceptive design practices and conduct comprehensive self-audits within three months.
Despite the CCPA’s Guidelines for Prevention and Regulation of Dark Patterns, introduced in 2023, these practices continue to thrive in the shadows of India’s booming digital economy.(Representative image: rupixen.com via Unsplash)
India's consumer protection watchdog has significantly broadened its crackdown on "dark patterns," issuing a sweeping advisory to over 50 online platforms, including not just e-commerce behemoths but also popular streaming services, travel aggregators, food delivery apps, ride-hailing firms, meditech startups, and fintech companies. The directive mandates these platforms to eliminate deceptive design practices and conduct comprehensive self-audits within three months.
The Central Consumer Protection Authority (CCPA) sent the pointed advisory on June 5, referencing ongoing instances of dark pattern usage despite existing guidelines and even previous notices issued in some cases. A key focus of the advisory is Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which clearly states that consumer consent for purchases must be obtained explicitly, thereby prohibiting automatic recording via pre-ticked checkboxes or similar manipulative mechanisms.
Dark patterns refer to deceptive or manipulative design elements in websites or mobile applications that trick users into taking actions they might not have intended, such as making an unwitting purchase, subscribing to a service, or sharing personal data. Common examples include false urgency, basket sneaking (adding unselected items to a cart), confirm shaming (using guilt to nudge decisions), and subscription traps (making cancellations difficult).
According to Business Standard, Flipkart has responded to the CCPA's move, stating that the company welcomes the emphasis on fostering online consumer confidence. "At Flipkart, our commitment to develop & run an open, transparent, technology-driven marketplace focused on our customers is in complete sync with the government's focus," the company affirmed, adding that it constantly assesses and self-audits to ensure compliance.
However, not all platforms have readily embraced the directive. One unnamed platform acknowledged the advisory but controversially argued that the dark pattern guidelines are not legally binding. It also suggested that such practices are not industry-wide issues, but rather design experiments aimed at boosting engagement and sales, as per the report by Business Standard.
As the three-month deadline looms, the onus is now on these diverse online platforms to scrutinize their interfaces and ensure transparency and fairness in their user experiences.
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