Beware of Dark Patterns in Upcoming Online Sales – A Consumer Alert

 Beware of Dark Patterns in Upcoming Online Sales – A Consumer Alert

The festive seasons and major shopping festivals are coming up — Flipkart Big Billion Days, Amazon Great Indian Festival, Myntra’s End of Reason Sale, etc. While big discounts are exciting, they also tend to bring out tricky design tactics known as dark patterns, used by some e-commerce platforms to pressure, mislead, or manipulate shoppers. Here’s what to watch out for — and how you can stay protected.

What Are Dark Patterns?

Dark patterns are deceptive user-interface (UI) or user-experience (UX) designs that subtly guide you into decisions you might not otherwise make. They are not just poor UX or bad marketing — many are now explicitly recognized as unfair trade practices under Indian law.

Some of the types listed under India’s 2023 guidelines include:

SN	Type of Dark Pattern	What It Means
1	False Urgency	Creating a sense that you must buy now (“Only 2 left!”, “Sale ends in 1 hour”) even when that’s not true. Press Information Bureau+2Medium+2
2	Basket Sneaking	Adding extra items (or services) automatically to your cart without your explicit consent. mason.co.in+2Medium+2
3	Confirm Shaming	Using guilt, shame, or ridicule via wording (“No thanks, I hate saving money”) to push you toward something. Medium+1
4	Forced Action	Forcing you to do something you do not want (e.g. sign-up, provide data, or opt in) to proceed. doca.gov.in+1
5	Subscription Trap	Making it easy to subscribe but hard to cancel; hiding cancellation options. doca.gov.in+1
6	Interface Interference	Highlighting some info, hiding other, confusing navigation so you miss the “no, thanks” option. doca.gov.in+1
7	Bait and Switch	Promising one thing but delivering something else (lower value, different product). doca.gov.in+1
8	Drip Pricing	Not showing the full cost up front. Taxes, fees, shipping, etc., are revealed only at the last moment. Press Information Bureau+1
9	Disguised Advertisement	Ads made to look like content or user reviews (so you click thinking it’s something else). Press Information Bureau+1
10	Nagging	Frequent pop-ups, emails, or reminders interrupting or pressuring you to do something you were ignoring. Medium+1

These are just some of the 13 specified in the “Guidelines for Prevention and Regulation of Dark Patterns, 2023” issued by the Indian Central Consumer Protection Authority (CCPA). Press Information Bureau+1

Real-Life Examples to Watch Out For

Here are some hypothetical (but realistic) scenarios, based on practices observed and/or under regulatory scrutiny, to help you spot dark patterns during online sales:

·       Example 1: False urgency on travel bookings
You try to book a hotel on a travel platform. It shows “Only 1 room left at this price!” or “5 people viewing this now!”. You check again later and find many rooms are still available.

·       Example 2: Basket sneaking in tickets / donations
Buying movie tickets online and notice an extra Rs 1 donation or insurance has been added without you ticking any box.

·       Example 3: Subscription trap with trial offers
A streaming service says “14-day free trial”, but signs you up for paid plan automatically, makes cancellation confusing (e.g. buried deep in settings).

·       Example 4: Confirm shaming in extras / add-ons
During airline ticket booking, you decline add-ons (“seat protection” or “cancellation insurance”) and get a message like: “No, I am willing to take the risk!” or “Skip, but you’ll regret it” types of wording.

·       Example 5: Drip pricing in the checkout
The product page shows “₹999 deal”, you click buy, then during checkout you see taxes, delivery charges, packaging fees etc adding up, making final cost significantly higher.

·       Example 6: Disguised advertisement / mislabelled promotions
A banner shows what looks like a product review or “editorial pick”, but clicking it leads to an ad or promotion.

Government Guidelines & Advisories in India

Here are what the government has done, what rules are already in place, and what advisories to look out for:

1.     Guidelines for Prevention and Regulation of Dark Patterns, 2023

o   Issued by CCPA (Central Consumer Protection Authority) under Section 18 of the Consumer Protection Act, 2019. Press Information Bureau+1

o   Specifies 13 types of dark patterns. Press Information Bureau+2mason.co.in+2

o   Treats these patterns as unfair trade practices under the law. Press Information Bureau

2.     Consumer Protection (E-commerce) Rules, 2020

o   These rules require e-commerce entities to be transparent about terms, pricing, returns, cancellation. Some dark patterns violate these rules, especially where hidden fees or hard-to-cancel subscriptions are involved. Press Information Bureau+1

3.     Voluntary & Standards Frameworks

o   Bureau of Indian Standards (BIS) notified a voluntary framework for “Online Consumer Reviews — Principles and Requirements for their Collection, Moderation and Publication” to guard against fake or misleading reviews. Press Information Bureau

4.     Recent Advisory / Self-Audit Requirement (2025)

o   On ~5th June 2025, CCPA issued an advisory directing all e-commerce platforms to conduct self-audits within three months to detect and eliminate dark patterns. The Economic Times+3Neeti Niyaman+3The Times of India+3

o   Platforms are asked to ensure their user interactions are fair, transparent, and free from manipulative designs. Law School Policy Review+1

5.     Notices to Companies

o   Government has already issued notices to 11 firms, including Zepto, Uber, Ola, etc., for using dark patterns. The Times of India

Tips for Consumers: What You Can Do During Sales

Here are concrete actions you can take:

·       Always check the final price before you pay — including delivery charges, taxes, packaging fees. Don’t rely only on headline discounts.

·       Watch for pre-ticked boxes or extras (like insurance, donations, add-ons). Uncheck them if you didn’t ask for them.

·       Read fine print for subscriptions: know how long trial lasts, how renewal works, and how to cancel.

·       Don’t be rushed by urgency messages. If it says “few left” or “deal ends in minutes”, pause & reflect. Sometimes these are fake.

·       Be wary of “confirm-shaming” language. If “skip” looks like you’re losing out or being irresponsible, that’s a red flag.

·       Check reviews including negative ones, and see if they look genuine. If something feels too polished or too good, dig deeper.

·       Keep screenshots or records when you see misleading UI, so you can raise complaint.

·       Use official complaint channels: e.g. Jagriti App / Jagriti Dashboard (by Dept of Consumer Affairs), National Consumer Helpline (1915), or via consumer court.

 

Final Word

Upcoming sales are tempting — but some of what looks like a “deal” may be engineered to push you into extra spending. The good news: the govt has recognised these dark patterns, laid down rules, and is actively pushing for platforms to self-audit.

As you shop, keep your guard up. Trust your instincts, read carefully, and don’t let clever design tricks make you pay more than you intend.

📞 Contact for Consumer Help

• National Consumer Helpline (NCH): Dial 1915 (toll-free)
• Online complaints: consumerhelpline.gov.in
• Jagriti App / Dashboard: Available for grievance redressal

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⚖️ Disclaimer

This blog post is for awareness and educational purposes only. It is not a substitute for legal advice. Consumers facing issues with dark patterns should reach out to the National Consumer Helpline or seek professional legal assistance.