CCPA warns against AI-powered dark patterns shaping online consumer choices
Calling dark patterns an “organised market strategy,” Nidhi Khare cited common online practices such as flight-booking platforms flashing scarcity messages like “only two seats left” to pressure users into hurried purchases. Such tactics, she said, point to systematic manipulation rather than isolated design choices.
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Artificial intelligence is increasingly being used to engineer dark patterns that manipulate consumer behaviour and steer decision-making without users fully realising it, Nidhi Khare, Secretary in the Department of Consumer Affairs and Chief Commissioner of the Central Consumer Protection Authority (CCPA), said on December 19.
Addressing a workshop on Artificial Intelligence, Competition and Governance—a pre-summit event ahead of the AI Impact Summit organised by the Competition Commission of India (CCI) and NASSCOM—Khare warned that AI-driven nudges are quietly reshaping how consumers interact with digital platforms. “AI is being used to manipulate your choice. It nudges you and drives you towards a decision, often without you recognising its manipulative power,” she said.
Khare said the Department of Consumer Affairs has identified 13 distinct dark patterns and is engaging with e-commerce platforms to curb their use. She referred to the government’s recent announcement that 26 e-commerce companies have submitted open declarations pledging not to deploy dark patterns on their platforms.
However, she noted that several large e-commerce platforms have not signed on to the commitment. “Major players are missing from the list. We are moving quickly on them,” Khare said, indicating stepped-up enforcement.
Calling dark patterns an “organised market strategy,” Khare cited common online practices such as flight-booking platforms flashing scarcity messages like “only two seats left” to pressure users into hurried purchases. Such tactics, she said, point to systematic manipulation rather than isolated design choices.
Khare also flagged an ongoing investigation into a leading ticket-booking platform, without naming it, and referred to recent regulatory action against ride-hailing platform Rapido for using dark patterns.
Under the Consumer Protection Act, 2019, the regulator has the authority to initiate action even in the absence of consumer complaints, Khare said. “We have begun taking up class action cases on our own,” she added.
The remarks signal intensifying regulatory focus on AI-led consumer manipulation, as authorities seek to rein in platform design practices that distort choice, competition and fair market behaviour.
