The Central Consumer Protection Authority (CCPA) has taken stringent action against deceptive digital practices and manipulative ‘dark patterns’ in online designs. The CCPA has also mandated that companies self-declare in their reports the absence of any misleading or fraudulent designs on their platforms.
New Delhi: The Central Consumer Protection Authority (CCPA) has adopted a b stance against ‘dark patterns’—design tactics used to deceive consumers in the digital marketplace. To protect consumer rights amidst the burgeoning online trade in India, the CCPA has ordered all e-commerce companies to conduct a self-audit of dark patterns used on their websites and mobile apps within three months. Companies must also submit a self-declaration confirming the absence of any misleading designs on their platforms.
This initiative is based on the recommendations and strict guidelines of the Joint Working Group (JWG) formed by the Department of Consumer Affairs. Its primary objective is to ensure transparency in the digital market and protect consumers from deceptive strategies.
Dark Patterns: Hidden Tricks of Deception
Dark patterns are designs aimed at subtly coercing consumers into paying more for a product or service or choosing undesirable options. Examples include designs that lead customers to unknowingly incur additional charges or make it difficult to cancel a service. Experts highlight that these patterns affect consumer autonomy in decision-making and undermine fair competition in the digital market.
CCPA's Strict Order and Demand for Self-Audit
The CCPA has clarified that e-commerce companies must identify and eliminate all dark patterns on their websites and apps within three months. Companies must thoroughly evaluate their designs and subsequently issue an official declaration stating the absence of any misleading designs on their platform. The CCPA believes this will strengthen trust between consumers and companies and enhance transparency in digital commerce.
Formation and Role of the Joint Working Group
To regulate the increasing prevalence of dark patterns, the Department of Consumer Affairs has formed a Joint Working Group (JWG) comprising representatives from various ministries, regulators, consumer organizations, and national law universities. This group's main objective is to monitor the use of dark patterns on e-commerce platforms, provide regular reports, and raise consumer awareness. The JWG will also offer suggestions to enhance consumer protection and prevent deceptive and unfair practices in the digital market.
Warning to Large Companies; Notices to Uber and Ola
Last month, a meeting was held with over 50 major e-commerce companies on the issue of dark patterns, chaired by the Union Minister of Consumer Affairs, Piyush Goyal. Secretary Rohit Kumar Singh clarified that dark patterns are not a trivial issue but a deliberate attempt to mislead customers.
Consequently, the CCPA issued notices to cab service providers Uber and Ola. Uber and Ola's ‘advance tip’ feature is considered an example of a dark pattern, where users are prompted for additional tips without clear information.
Consumer Awareness Campaign
The CCPA and JWG believe that raising consumer awareness against dark patterns is crucial alongside regulation. The group will conduct consumer awareness programs to help people exercise caution while shopping online and avoid fraudulent practices. The CCPA's initiative against dark patterns is a significant step towards enhancing ethics and transparency in digital commerce.
Experts believe that if all companies act honestly in this direction, consumer protection will be strengthened and the credibility of India's e-commerce sector will improve. This step will be particularly beneficial to consumers who often fall victim to deceptive designs due to technical complexities.
Expectation of Stricter Measures in the Future
Analysts believe that the CCPA has the authority to take strict action if companies violate the regulations. In the future, even stricter monitoring and regulations may be implemented on digital platforms. The ministry is also developing new technological methods and regulations to protect consumer interests and ensure complete safety for consumers in the digital world.
