Bhubaneswar: When online shopping mania, social media trending craze has been gripping a vast majority of people across the country in a big way, the sighting of the following might have been customary to all online users.

And here lies the twist in the STORY.

While browsing online deals, such flickers are the commonplace.

•  “Hurry! Only 2 pieces left, 100 people viewing the product, make the purchase now or regret later”
• “Sign up now and get your first month FREE!”
•  “Time is Running Out! Don't Let This Opportunity Slip Away!”
•  “Don't Miss Your Chance! 
• Click Here to Claim Your Discounted Subscription NOW!”; 

The common line in the ad flickers have been a sense of urgency, compelling the users to make purchases under the guise of high demand.

Similarly, when Instagram and Facebook user run into millions, most would be coming across a POP-UP that will say,

“If you want this service to use your app and website activity to provide better services”

And at the bottom, there will be 2 boxes: Make Ads less personalied or Make ads more perosnalised.  

All these have one thing in common, they employ practices strategically designed to manipulate users into actions they had not intended.

Also, users always come across with a pop-up “Accept all Cookies” blocking the screen, and to get rid of the pop-up blocking the screen, you hit the accept button.

These all are examples of a dark pattern.

WHAT IS DARK PATTERN?

According to the Ministry of Consumer Affairs, Govt of India, Dark patterns are such practices employed by websites and Apps that trick you into handing over something valuable.

The Dark Pattern employed by the sites or apps involve using of design and choice architecture to deceive, coerce, or influence consumers into making choices that are not in their best interest.

The MCA further adds that Dark patterns encompass a wide range of manipulative practices such as

• Drip pricing: means a practice whereby-elements of prices are not revealed upfront or are revealed surreptitiously within the user experience; and/or other such practices
• Disguised advertisement: means a practice of posing, masking advertisements as other types of content such as user generated content or new articles or false advertisements.
• Bait and switch: means the practice of advertising a particular outcome based on the user’s action but deceptively serving an alternate outcome.
• False urgency: means falsely stating or implying the sense of urgency or scarcity so as to mislead a user into making an immediate purchase or take an immediate action, which may lead to a purchase
• Nagging: shall mean a dark pattern due to which users face an overload of requests, information, options, or interruptions; unrelated to the intended purchase of goods or services, which disrupts the intended transaction

The MCA says that such practices fall under the category of “unfair trade practices” as defined in the Sub-section 47 under Section 2 of the Consumer Protection Act, 2019.

In the year 2023, the Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, issued “Guidelines for Prevention and Regulation of Dark Patterns, 2023.”

The CCPA has also highlighted that Dark Patterns can lead to unintended purchases, addiction and overuse and privacy violations. And has listed 13 specified dark patterns identified in e-Commerce sector.

These dark patterns include

• False urgency
• Basket Sneaking
• Confirm shaming
• Forced action
• Subscription trap,
• Interface Interference
• Bait and switch
• Drip Pricing
• Disguised Advertisements
• Nagging
•  Trick Wording
• Saas Billing
• Rogue Malwares.

HOW TO REMAIN SAFE?

• Read the term and conditions of service, never blindly or hurriedly hit the “Accept All’ button
• Don’t get trapped by false urgency messages.
• Keep your data sharing limited to protect your personal information from unnecessary exposure.
• Verify the authenticity of email senders before responding to urgent messages.
• Limiting the disclosure of unnecessary details during transactions
• Don't go by emotional Ads

HOW TO REMOVE DARK PATTERNS FROM YOUR APPS? 

• Check for apps that may be misleading or deceptive, and remove them.