India Ramps Up Crackdown on Dark Patterns in E-Commerce to Safeguard Consumers

In a significant move aimed at fostering a transparent and ethical digital marketplace, the Government of India has escalated its efforts to clamp down on dark patterns—a set of manipulative design tactics that trick users into making unintended or involuntary choices while interacting with online platforms. These practices, often lurking behind cleverly crafted interfaces and misleading prompts, have been increasingly flagged as a serious threat to consumer autonomy and fair trade.

The Union Minister of State for Consumer Affairs, Food and Public Distribution, Shri B.L. Verma, revealed this initiative in a written reply to the Rajya Sabha, underlining the government's comprehensive approach to curb deceptive online behaviors.

What Are Dark Patterns?

Dark patterns refer to design strategies and interface architectures that are deliberately crafted to deceive or coerce consumers into actions not in their best interest. Common examples include:

• Drip Pricing: Advertising a low price only to add hidden charges during checkout.

• Disguised Advertisements: Ads that appear as normal content or links.

• Bait and Switch: Promoting one product or deal but delivering another.

• False Urgency: Displaying misleading messages like “only one item left in stock.”

• Subscription Traps: Making it easy to sign up but difficult to cancel a service.

These techniques fall under “unfair trade practices” as per Sub-section 47 of Section 2 of the Consumer Protection Act, 2019.

Regulatory Action: 2023 Guidelines and 2025 Advisory

In an important regulatory step, the Central Consumer Protection Authority (CCPA) issued Guidelines for Prevention and Regulation of Dark Patterns on 30th November 2023. These guidelines explicitly list 13 identified dark patterns that are prevalent in the Indian e-commerce space, including:

• Basket Sneaking

• Confirm Shaming

• Forced Action

• Interface Interference

• Nagging

• Trick Wording

• SaaS Billing

• Rogue Malware

To operationalize these guidelines, a pivotal meeting was held on 28th May 2025, chaired by the Hon’ble Minister of Consumer Affairs, Food & Public Distribution and New and Renewable Energy. The meeting brought together stakeholders including major e-commerce companies, industry bodies, Voluntary Consumer Organizations (VCOs), and National Law Universities. The focus: finding collective ways to eliminate the digital tricks that undermine consumer rights.

A New Mandate: Self-Audit Advisory

Following the deliberations, the CCPA issued a formal Advisory on 5th June 2025, urging all e-commerce platforms to initiate self-audits for the identification of dark patterns on their websites and apps. These platforms are required to:

• Complete the self-audit within three months of the advisory's issuance.

• Take remedial action to remove dark patterns from their interfaces.

• Submit a self-declaration confirming that their platform is free from such deceptive practices.

This marks a shift from regulatory oversight alone to platform responsibility, with e-commerce companies being called upon to clean up their own ecosystems and reinforce consumer trust.

Formation of a Joint Working Group

To ensure systematic monitoring and expert guidance, the government has constituted a Joint Working Group through an Office Memorandum issued on the same date (5th June 2025). This group includes:

• Representatives from relevant government ministries,

• Experts from National Law Universities, and

• Delegates from Voluntary Consumer Organizations.

The Joint Working Group will function as a watchdog and advisory body to:

• Identify emerging dark patterns,

• Guide platforms in ethical interface design,

• Facilitate cooperation among stakeholders, and

• Recommend policy and technological enhancements for consumer protection.

Toward a Fairer Digital Marketplace

The Indian government’s multi-tiered strategy against dark patterns is rooted in a larger vision—to protect digital consumers, ensure ethical business conduct, and foster a trustworthy e-commerce environment. By enforcing proactive self-regulation among online platforms and strengthening institutional collaboration, India aims to align its digital economy with the principles of fairness, transparency, and user empowerment.

With growing awareness and active monitoring, the days of trick-laden interfaces and deceptive e-commerce practices may soon be numbered.