What Are Dark Patterns? CCPA's 13 Dark Patterns Explained and How They Affect Consumers in India

Over 95% of listed companies reportedly use deceptive online practices known as dark patterns. Here's what they are, the 13 dark patterns identified by the CCPA, and how regulators like IRDAI are responding.

What Are Dark Patterns?

Dark patterns are deceptive design techniques used on websites, apps and digital platforms to manipulate users into making decisions they would not ordinarily make. These practices often pressure users into sharing personal data, making purchases, subscribing to services or accepting terms that benefit businesses rather than consumers.

According to a recent LocalCircles study, more than 95% of publicly listed companies involved in online consumer transactions reportedly use one or more dark patterns during customer interactions, including browsing, purchasing, subscription management, refunds and returns.

The findings have renewed attention on consumer protection and the need for stricter enforcement against misleading digital practices.

What Is a Dark Pattern?

A dark pattern, also known as a deceptive pattern, refers to interface designs intentionally created to influence or manipulate users into taking actions they may not otherwise choose.

These tactics often exploit consumer psychology by creating urgency, hiding important information or making certain choices difficult.

The term "dark patterns" was coined in 2010 by Harry Brignull, a London-based User Experience (UX) designer.

A Simple Example of a Dark Pattern

Imagine opening a website and seeing a large advertisement covering your screen.

The close (X) button is tiny or hidden in a corner, making it difficult to dismiss the advertisement. When you try to tap the small "X", you accidentally click the advertisement instead.

This is a classic example of a dark pattern because the interface is intentionally designed to increase accidental clicks.

Other common examples include:

• Websites asking for your phone number before allowing you to browse products.

• Subscription services that are easy to join but difficult to cancel.

• Persistent spam calls after making a purchase.

• Hidden charges appearing only at the final payment stage.

How Dark Patterns Manipulate Consumers

Digital platforms commonly use manipulative techniques such as:

• Automatic subscription renewals.

• Difficult cancellation procedures.

• Hidden or misleading pricing.

• Confusing consent forms.

• Personalized recommendations designed to influence spending.

• Gamified rewards encouraging repeated purchases.

• Behavioural nudges that affect consumer decisions.

These practices often reduce transparency and interfere with informed decision-making.

CCPA Guidelines on Dark Patterns

Recognising the growing misuse of deceptive online practices, the Central Consumer Protection Authority (CCPA) issued the Guidelines for Prevention and Regulation of Dark Patterns on December 1, 2023.

The guidelines identify 13 specific dark patterns prohibited in digital commerce.

CCPA's 13 Dark Patterns Explained

1. False Urgency

Creating fake scarcity or urgency to pressure consumers into making immediate purchases.

Example: Displaying messages such as "Only 2 items left!" when sufficient stock actually exists.

2. Basket Sneaking

Adding products or services to a shopping cart without the customer's consent.

Example: Automatically adding extended warranties or accessories during checkout.

3. Confirm Shaming

Using guilt or emotional pressure to influence users.

Example: Displaying messages like "No thanks, I don't care about saving money."

4. Forced Action

Making users perform an unwanted action before accessing a service.

Example: Requiring account registration before reading an article.

5. Nagging

Repeatedly interrupting users with pop-ups, notifications or reminders encouraging purchases or subscriptions.

6. Subscription Traps

Making subscriptions easy to start but difficult to cancel.

Examples include:

• Hidden cancellation options.

• Multiple cancellation steps.

• Mandatory auto-debit authorisation for free trials.

• Confusing cancellation instructions.

7. Bait and Switch

Advertising one product but delivering another product or service of lower quality.

8. Rogue Malwares

Displaying fake virus warnings to trick users into downloading malicious software or paying for fake security services.

9. Disguised Advertisements

Advertisements designed to resemble genuine news stories, reviews or user-generated content.

10. Interface Interference

Manipulating webpage layouts to highlight one option while hiding or minimizing alternative choices.

11. Drip Pricing

Revealing additional charges only during the final stages of payment instead of displaying the complete price upfront.

12. Trick Questions

Using confusing wording or double negatives that mislead users into selecting unintended options.

13. SaaS Billing

Using recurring subscription models to collect payments without ensuring users fully understand recurring billing terms.

LocalCircles Study Highlights Widespread Use

According to the LocalCircles report:

• Over 95% of listed companies involved in online transactions use dark patterns.

• Deceptive practices appear during:

  • Product selection

  • Checkout process

  • Subscription renewals

  • Refunds

  • Returns

  • Customer support interactions

The study proposes that companies listed on Indian stock exchanges, as well as firms planning to list, should ensure that their digital consumer journeys remain free from dark patterns.

IRDAI's Crackdown on Dark Patterns

The Insurance Regulatory and Development Authority of India (IRDAI) has also begun addressing deceptive digital practices in the insurance sector.

To improve consumer trust, IRDAI has:

• Directed insurers to conduct self-assessments regarding dark patterns.

• Partnered with the Institute of Public Auditors of India to monitor digital insurance platforms over a nine-month period.

• Begun tightening regulatory oversight of online insurance marketplaces.

The regulator aims to identify deceptive practices and strengthen transparency across the industry.

What Is the Central Consumer Protection Authority (CCPA)?

The Central Consumer Protection Authority (CCPA) was established under Section 10(1) of the Consumer Protection Act, 2019, which came into force on July 24, 2020.

The authority is responsible for:

• Protecting consumer rights.

• Preventing unfair trade practices.

• Taking action against misleading advertisements.

• Regulating deceptive business practices affecting consumers.

Its 2023 guidelines specifically target dark patterns used across digital platforms.

Why Dark Patterns Matter

Dark patterns can significantly impact consumer choice by:

• Influencing purchasing decisions.

• Increasing unnecessary spending.

• Collecting excessive personal information.

• Making cancellations unnecessarily difficult.

• Reducing transparency in online transactions.

• Undermining consumer trust.

As online shopping and digital services continue to grow, regulators are increasingly focusing on ensuring fair, transparent and consumer-friendly digital experiences.

Key Highlights

• Dark patterns are deceptive interface designs that manipulate user behaviour.

• The term was coined by UX designer Harry Brignull in 2010.

• LocalCircles reports that over 95% of listed companies use dark patterns.

• The CCPA identified 13 prohibited dark patterns in its December 2023 guidelines.

• IRDAI has initiated monitoring of dark patterns in the insurance sector.

• The CCPA was established under the Consumer Protection Act, 2019 to protect consumer rights and curb unfair trade practices.