'Dark patterns exploit human psychology, cognitive biases, urgency, confusion, or lack of attention to increase revenue for digital platforms at the expense of consumer choice and transparency.'
Indian consumers are losing an estimated Rs 25,000 crore to Rs 28,000 crore (Rs 250 billion to Rs 280 billion) annually to deceptive interface designs, commonly known as dark patterns, across online marketplaces, according to the Dark Patterns in India's Online Marketplaces report, released by market research firm Datum Intelligence.
The Reserve Bank of India recently flagged the issue of dark patterns, directing banks and their agents not to use digital interfaces that trick customers into taking actions they did not intend.
Key Points
- Common dark patterns include drip pricing, forced add-ons, fake urgency and subscription traps that exploit consumer behaviour.
- Experts advise checking the final payable amount, reviewing pre-selected options and questioning countdown timers before completing purchases.
- Consumers should preserve evidence of deceptive practices and report violations through the National Consumer Helpline or the CCPA's Jagriti portal.
What are dark patterns?
Dark patterns are deceptive user interface (UI) and user experience (UX) design techniques.
"They exploit human psychology, cognitive biases, urgency, confusion, or lack of attention to increase revenue for digital platforms at the expense of consumer choice and transparency," says Prashant Mali, cybercrime lawyer, Bombay high court.
"Dark patterns subvert or impair consumer autonomy, decision-making or choice," adds Dhruv Kaushal, partner, King Stubb & Kasiva, Advocates and Attorneys.
The Central Consumer Protection Authority's (CCPA) 2023 guidelines identified 13 kinds of dark patterns.
Drip pricing and forced add-ons
The customer sees an attractive low base price at the start of the purchase journey.
"A number of fees -- convenience, platform, insurance and handling charges -- are added at the checkout stage," says Neehar Pathare, managing director, chief executive officer and chief investment officer, 63 SATS Cybertech.
On reaching the payment screen, customers realise that the item costs more than advertised. Many continue with the transaction.
"They become less willing to abandon the purchase after they have invested time and effort," says Pathare.
Forced add-ons include insurance, warranties, magazine subscriptions, and charity donations that are pre-ticked.
"Platforms rely on consumers not scrolling down and unchecking these add-ons," says Rohit Sakunia, co-founder, ArtE Mediatech.
False urgency and subscription traps
False urgency creates time pressure or artificial scarcity through the use of fake countdown timers that reset, or claims of low stock that remain unchanged for months.
"Fake urgency triggers panic and fear of missing out and leads customers to make impulse purchases," says Pathare.
Subscription traps rely on inertia and obfuscation to keep charging customers quietly.
Customers are asked to enter their payment details while joining a free trial.
Many forget to opt out before the trial ends.
Auto-renewal charges them for the next period without requiring explicit confirmation.
Check final payable amount
To guard against drip pricing, compare the final payable amount, not the advertised price.
"Proceed to the payment page before making a purchase decision," says Mali.
Sakunia urges customers to check the price breakup before paying.
Scan for pre-checked boxes on reaching the checkout screen.
"Assume that pre-selected items are not for your benefit and uncheck them first," says Sakunia.
When you see a countdown timer or low stock warning, pause and step away for five to 10 minutes.
Check a competitor's site to test urgency claims.
To protect yourself against a subscription trap, mark the date when the trial ends and opt out before that date.
"Revoke unused recurring mandates in your banking or Unified Payments Interface (UPI) apps regularly," says Pathare.
"Check comments posted by other customers about the seller and his products," says Anurag Kashyap, partner, EY Forensic and Integrity Services.
Preserve evidence
If you observe dark patterns, gather evidence.
"Preserve screenshots, screen recordings, purchase receipts, e-mails, notification trails and bank or payment statements," says Piyush Agrawal, partner, AQUILAW.
Screenshots and screen recordings should ideally be time-stamped.
Use available recourse
Report platforms that violate dark pattern rules.
The CCPA monitors complaints submitted through the National Consumer Helpline (1915).
"Consumers can also approach the CCPA through the Jagriti portal," says Agrawal.
Kaushal informs that a customer may file a complaint before the relevant District, State or National Consumer Disputes Redressal Commission, depending on the quantum of claim.
Sundry charges you may be saddled with
- Convenience fees were originally introduced to recover online booking system costs but have become a significant revenue source for many platforms
- Platform fees are charges imposed simply for using the marketplace
- They may be charged regardless of order size
- Handling fees are charged on top of delivery fees for handling the order
- They are vague by design
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Feature Presentation: Ashish Narsale/Rediff
