INTRODUCTION
Think about the last time you shopped online. You might have seen messages like “Hurry! Only 2 items left” or “Sale ending in 5 minutes.” Maybe you signed up for a free trial that later turned into a paid subscription without you realising it. These situations are very common today, and they are not always accidental. In many cases, they are carefully designed to push you into making quick decisions. These techniques are known as dark patterns. Dark patterns are becoming a serious concern, especially with the rapid growth of online shopping in India. While businesses have always used advertising to attract customers, the line between persuasion and manipulation is now getting blurred. This raises an important question: are companies simply using smart marketing strategies, or are they legally manipulating consumers?
This blog aims to answer that question in a simple, practical way. It explains what dark patterns are, how they affect consumers, and whether Indian law considers them legal.[1]
WHAT ARE THE DARK PATTERNS?
Dark patterns are design techniques used on websites and apps to influence users into doing something they might not have intended to do. These designs take advantage of human behaviour—like our tendency to act quickly under pressure or to avoid missing out on a deal. In simple terms, dark patterns are not about giving you a clear choice—they are about steering your choice.
Some common examples include:
- False urgency: Showing messages like “Only 1 left” or “10 people are viewing this right now,” even when it may not be true.
- Hidden costs: Adding extra charges like delivery fees or taxes only at the final stage of payment.
- Basket sneaking: Automatically adding items (like insurance or accessories) to your cart without clear consent.
- Confirm shaming: Making users feel guilty for not choosing an option, such as “No thanks, I don’t want to save money.”
- Subscription traps: Making it very easy to subscribe but difficult to cancel.
At first glance, these may seem like small tricks. However, when used repeatedly, they can significantly affect how consumers make decisions.
WHY DO DARK PATTERNS MATTER?
Dark patterns matter because they affect consumer choice.[2]. When a person shops online, they expect to make decisions freely and based on clear information. However, these techniques can create pressure, confusion, or even mislead the user. For example, a person may buy a product quickly because they believe it is about to go out of stock. Another person may end up paying more than expected because extra charges were not shown clearly in the beginning. This is where the legal issue arises. The law does not stop companies from marketing their products, but it does stop them from misleading consumers or taking unfair advantage of them.
LEGAL FRAMEWORK IN INDIA
India has taken important steps to deal with such practices. Even though dark patterns are a relatively new concept, existing laws already cover many of these issues.
- Consumer Protection Act, 2019
The Consumer Protection Act, 2019[3] It is the main law that protects consumers in India. It aims to ensure fairness, transparency, and accountability in the market.
One of the key concepts under this law is unfair trade practice. This includes any business activity that misleads consumers, gives false information, or uses deceptive methods to sell products.
Dark patterns often fall under this category because they influence consumers in ways that are not completely honest or transparent.
The Act also created the Central Consumer Protection Authority (CCPA)[4], which has the power to investigate and take action against companies engaging in unfair practices.
- Guidelines for Prevention of Dark Patterns, 2023
A major development in this area is the introduction of the Guidelines for Prevention of Dark Patterns, 2023, by the CCPA[5]. These guidelines directly address the issue of dark patterns and clearly list several practices that are not allowed.
Some of the prohibited practices include:
- False urgency
- Basket sneaking
- Subscription traps
- Disguised advertisements
- Interface interference (designs that confuse users)
These guidelines are important because they remove any doubt—many dark patterns are now officially recognised as unfair and illegal.
- Consumer Protection (E-Commerce) Rules, 2020
These rules specifically apply to online platforms. They require companies to:
- Show clear and accurate prices
- Avoid misleading advertisements
- Provide complete information about products and services[6]
This means that hidden charges or unclear pricing can lead to legal issues for companies.
- Information Technology Act, 2000
While this law mainly deals with digital security and data, it becomes relevant when dark patterns are used to obtain user consent for sharing personal information. If consent is obtained misleadingly, it may not be considered valid.[7]
JUDICIAL APPROACH AND CASE LAWS
Indian courts have not yet dealt directly with many dark pattern cases, but similar issues have been discussed in different contexts.
In Horlicks Ltd. v. Zydus Wellness Products Ltd.[8]The court dealt with misleading advertisements and emphasised that businesses should not confuse or mislead consumers.
In Amway India Enterprises Pvt. Ltd. v. 1MG Technologies Pvt. Ltd.[9]The focus was on transparency in online platforms and how products are presented to consumers.
A very important principle comes from Central Inland Water Transport Corporation v. Brojo Nath Ganguly.[10], where the Supreme Court held that unfair and one-sided terms in a contract can be struck down. This idea can be applied to online platforms where users agree to terms without fully understanding them due to a confusing design.
In addition, the Google Android case [11]before the Competition Commission of India shows how large digital platforms can influence user choices and limit fair competition.
These cases show that Indian law is gradually recognising the risks posed by unfair and manipulative practices, even in digital environments.
REAL LIFE EXAMPLES
Dark patterns are not just theoretical—they are used by many popular platforms.
- E-commerce websites often display messages about limited stock to create urgency.[12]
- Streaming services provide free trials that automatically turn into paid subscriptions.
- Travel booking sites may include pre-selected options like insurance or seat upgrades.
- Food delivery apps sometimes add default tips or apply surge pricing without a clear explanation.
Most users do not notice these tactics, which is exactly why they are effective.
ARE DARK PATTERNS LEGAL?
The answer is not completely straightforward, but it is becoming clearer. Earlier, companies could argue that these were just marketing techniques. However, with the introduction of the 2023 Guidelines, many of these practices are now clearly considered unfair. If a design misleads, pressures, or confuses the consumer, it is likely to be treated as an unfair trade practice under the law. So, while not every persuasive technique is illegal, any method that crosses into deception or manipulation can lead to legal consequences.
CHALLENGES IN REGULATION
Even with laws in place, regulating dark patterns is not easy.
- Difficult to prove intent: Companies can claim that the design was not meant to mislead.
- Lack of awareness: Many consumers do not realise they are being influenced.
- Constant innovation: New techniques keep emerging, making it hard for laws to keep up.
Because of these challenges, enforcement becomes as important as the law itself.
WAY FORWARD
To deal with dark patterns effectively, multiple steps are needed.
- Stronger enforcement by authorities like the CCPA
- Better awareness so consumers can identify such practices
- Clear design standards for online platforms
- Accountability for companies that repeatedly engage in unfair practices
Technology experts and legal authorities must also work together to identify and regulate new forms of manipulation.
CONCLUSION
Dark patterns highlight a growing problem in the digital economy. They show how technology can be used not just to serve consumers, but also to influence them in subtle and sometimes unfair ways. Indian law has started recognising this issue, especially with the introduction of specific guidelines in 2023. However, simply having laws is not enough. Awareness, enforcement, and responsible business practices are equally important.
In the end, online shopping should be about convenience and choice—not confusion and pressure. Ensuring that consumers can make informed decisions freely is essential for building trust in the digital marketplace.
References:
[1] Consumer Protection Act, 2019
[2] ibid
[3] ibid
[4] Central Consumer Protection Authority, Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements (2022).
[5] Central Consumer Protection Authority, Guidelines for Prevention and Regulation of Dark Patterns (2023).
[6] Consumer Protection (E-Commerce) Rules 2020.
[7] Information Technology Act, 2000.
[8] Horlicks Ltd v Zydus Wellness Products Ltd 2020 SCC OnLine Del 809.
[9] Amway India Enterprises Pvt Ltd v 1MG Technologies Pvt Ltd 2020 SCC OnLine Del 454.
[10] Central Inland Water Transport Corporation Ltd v Brojo Nath Ganguly AIR 1986 SC 1571.
[11] In Re: Google Android Matter (Case No 39 of 2018) Competition Commission of India, 20 October 2022.
[12] ibid