Noteworthy Judgments on UX Dark Patterns in India
--
Some noteworthy judgments including that of the Consumer Dispute Redressal Commission related to UX Dark Patterns as suggested by Google Bard and Bing Chat may help compare and swiftly solve the case CC/353/2022 District Consumer Dispute Redressal Forum, Barasat, North 24 Parganas.
The document is a part of the objection documents that were submitted on 5 October 2023 by the primary complainant Ratul Aich to the District Consumer Dispute Redressal Forum, Barasat, North 24 Parganas with regards to the case CC/353/2022.
There have been a few UX dark patterns lawsuits in India in recent years. Some of the most notable cases include:
* *Consumer Unity and Trust Society (CUTS) International v. Google India Pvt. Ltd.* (2021): CUTS International filed a lawsuit against Google India alleging that the company’s use of dark patterns in its Play Store violated Indian consumer protection laws. The lawsuit alleged that Google used dark patterns to trick users into making purchases, such as by making it difficult to find the “cancel” button or by automatically renewing subscriptions.
* *Karnataka State Consumer Disputes Redressal Commission v. Amazon Seller Services Pvt. Ltd.* (2020): The Karnataka State Consumer Disputes Redressal Commission ordered Amazon to pay INR 50,000 to a consumer who was tricked into making a purchase by a dark pattern on the Amazon website. The dark pattern involved making it difficult to find the “cancel” button when adding an item to the cart.
* *Consumer Protection Council, Kerala v. Flipkart Internet Pvt. Ltd.* (2019): The Consumer Protection Council, Kerala filed a complaint against Flipkart alleging that the company’s use of dark patterns in its website violated Indian consumer protection laws. The complaint alleged that Flipkart used dark patterns to trick users into making purchases, such as by making it difficult to find the “return” button or by automatically enrolling users in subscription services.
In addition to these lawsuits, there have been a number of other cases where companies have been accused of using dark patterns. For example, in 2022, the Advertising Standards Council of India (ASCI) issued a notice to the online food delivery platform Zomato for using a dark pattern to trick users into subscribing to its premium membership service.
As awareness of dark patterns grows, it is likely that we will see more lawsuits of this nature in the future. These lawsuits are important because they help to protect consumers from being tricked into making purchases or providing their personal information without their consent.
Here are some other examples of UX dark patterns that have been used in India:
* *Making it difficult to find the “cancel” button.* This is a common dark pattern that is used to make it difficult for users to cancel subscriptions or other services. For example, the “cancel” button may be hidden in a small font or in a difficult-to-find location.
* *Using misleading language.* This is another common dark pattern that is used to trick users into making purchases or providing their personal information. For example, a company may use language that suggests that a subscription is free when it is actually not.
* *Auto-enrolling users in subscription services.* This is a dark pattern that is used to enroll users in subscription services without their explicit consent. For example, a company may automatically enroll users in a subscription service when they download a free app.
These are just a few examples of UX dark patterns that have been used in India. It is important to be aware of these patterns so that you can protect yourself from being tricked into making purchases or providing your personal information without your consent.
There are not many cases of consumer forum dark patterns lawsuits in India, as the concept of dark patterns is relatively new and not well-defined in the legal framework. However, there are some examples of consumer complaints and actions taken by the government against online platforms that use dark patterns to deceive or manipulate consumers. For instance:
- In 2019, a consumer filed a complaint against Amazon India for misleading him into buying a product that was falsely advertised as having a discount. The consumer claimed that the product was originally priced at Rs 1,999 and was offered at a discounted price of Rs 1,299. However, he later found out that the product was actually sold at Rs 1,299 on other platforms and that Amazon had inflated the original price to create a false sense of urgency and bargain. The District Consumer Disputes Redressal Forum ordered Amazon to pay Rs 10,000 as compensation to the consumer and Rs 2,000 as litigation cost¹.
- In 2020, a consumer filed a complaint against Flipkart for adding unwanted items to his shopping cart without his consent. The consumer claimed that he had ordered a laptop worth Rs 49,990 from Flipkart, but when he checked out, he found that an antivirus software worth Rs 999 had been added to his cart automatically. He alleged that Flipkart had used a dark pattern called basket sneaking to trick him into buying an additional product that he did not need or want. The State Consumer Disputes Redressal Commission directed Flipkart to refund Rs 999 to the consumer and pay Rs 10,000 as compensation for mental agony and harassment².
- In 2021, the Ministry of Consumer Affairs, Food and Public Distribution asked e-commerce companies to not use dark patterns on their platforms that may deceive customers or manipulate their choices. The ministry also set up a 17-member task force to prepare guidelines to protect consumers from dark patterns. The ministry consulted stakeholders on this issue on June 13 and wrote to major e-commerce platforms on June 28, warning them against engaging in unfair trade practices by implementing dark patterns in their online interface³⁴. The ministry also started classifying complaints received on the National Consumer Helpline 1915 to compile information on dark patterns, which can be used by the Central Consumer Protection Authority to initiate action under the Consumer Protection Act, 201⁹⁵.
These are some of the examples of how dark patterns are being addressed and challenged in India. Dark patterns are a serious issue that affects many consumers online. They are deceptive and unethical strategies that manipulate users into making choices or actions that may not be in their best interest. Therefore, it is important to raise awareness and educate users about how to spot and avoid them. It is also essential to have clear and effective regulations and enforcement mechanisms to prevent and punish the use of dark patterns by online platforms.
Source: Conversation with Bing, 18/08/2023
- Annoying pop-ups you can’t get rid of: Why Govt is going after ‘dark …. https://indianexpress.com/article/explained/explained-sci-tech/govt-dark-patterns-explained-8698289/
- Dark Patterns: Explained, pointwise — ForumIAS. https://blog.forumias.com/dark-patterns-explained-pointwise/
- Explained | Understanding dark patterns — The Hindu. https://www.thehindu.com/news/national/explained-understanding-dark-patterns/article67050817.ece
- Dark patterns distort consumer autonomy using a design architecture …. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1936432
- Dark patterns and consumer protection — Vikaspedia. https://www.vikaspedia.in/social-welfare/social-awareness/consumer-education/dark-patterns-and-consumer-protection
Govt seeks public comments on draft guidelines for regulation of dark patterns on online platforms.
Govt seeks public comments on draft guidelines for regulation of dark patterns on online platforms.
Under the guidelines, around 10 dark patterns have been specified. They are: false urgency, basksneaking, confirm shaming, forced action, subscription trap, interface interference, bait and switch, drip pricing, disguised advertisement and nagging.
Read more at Economic Times:
Draft Guidelines for Prevention and Regulation of Dark Patterns 2023.pdf
(Link)
First in the series is Judicial Investigation Friendly Digital Systems, Judibility. (Link)
Previous in the series is The Effectiveness of Consumer Courts in the Age of Hyperconsumerism, Consumer Forum Version. (Link)
Next in the series Court Order, HDFC ERGO’s Petition is Devoid of Merits, Rejected. (Link)
