Govt to take action against online players if menace of 'dark patterns' continues

The government warned on Friday that strict action will be taken against online players if they do not stop the menace of 'dark patterns' -- tactics used to manipulate consumer choice and nudge users to sign up for a free trial or provide personal data.

Briefing media, Consumer Affairs Secretary Rohit Kumar Singh said, "We took a soft approach and told them on June 13 not to indulge in this. On June 28, we wrote a tough letter and asked them not to stop this, otherwise will take action".

Maybe after a couple of months, the department will also issue specific guidelines on dark patterns, he said.

He said the dark pattern has caught the attention of the government and consumer protection regulator amid a rise in online shopping and an increase in the number of internet users, which is expected to touch 900 million by 2025.

"We were not aware of the dark patterns. Then we started reading what is happening in other geographies and countries and realised that this is a big problem. We have identified nine dark patterns and told the industry not to indulge in them," he said.

The Consumer Affairs Department told the online players in the June 13 meeting held in Mumbai to stop this menace.

Some of the dark patterns identified include the tactic to create a sense of urgency or scarcity to pressure consumers into making a purchase they didn't intend to. The second is websites or apps using dark patterns to add additional products or services to the shopping cart without user consent.

The third type of dark pattern involves forcing consumers into taking an action they may not want to take, such as signing up for a service to access the content. Fourth is requesting consumers repetitively and annoyingly. Fifth is a tactic involving hidden costs from consumers until they are already continued committed to making a purchase, he added.

Stating that enforcement against online players for adopting dark patterns has begun, the secretary said the department will now take complaints from consumers and pass them on to the Central Consumer Protection Authority (CCPA).

Right now, dark patterns have been noticed as part of misleading advertisements. "We are yet to classify them as dark patterns. We have started doing it now," he said.

By July 31, the department will get to know what number of complaints fall in the category of dark patterns.

Under the broad framework of the Consumer Protection Act, manipulating consumer choices is an unfair trade practice.

CCPA Chairperson Nidhi Khare said there is a provision of jail term for those engaging in unfair trade practice under the law.

"We can also direct them to discontinue whatever they are doing. On a large scale, they are doing it and people don't recognise it. At times, we think it is their marketing strategy but it is not. It is unfair trade practice," she said.

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