By Yaruqhullah Khan
The government has asked e-commerce platforms to explain why dark patterns are still appearing on their platforms despite having filed self-declarations claiming compliance.
The Central Consumer Protection Authority (CCPA) has written to 15 companies between November 24 and 28 after officials spotted on their apps and websites deceptive design tactics that are prohibited under the consumer protection rules.
These companies are: Zomato, Blinkit, Swiggy, Amazon, Flipkart, Walmart India, Myntra, Cleartrip, MakeMyTrip, BigBasket, Axelia, Netmeds, Tata 1mg, JioMart and Ixigo.
Key Tactics in Question
Officials told FE that the letters seek details on the presence of dark patterns such as drip pricing or hidden charges, forced action and subscription traps. These tactics, classified as unfair trade practices under the Consumer Protection Act, are allegedly continuing to influence consumer decisions online even after voluntary compliance submissions.
According to officials, the companies have been asked to explain what corrective steps were taken after their self-audit and why certain patterns still appear in customer journeys. The government is examining whether the declarations made by the platforms were complete or if gaps remain between stated compliance and actual user experience.
“We have sought a detailed clarification from 15 companies on the steps they have taken to eliminate dark patterns from their online portals and mobile applications. Once these clarifications come in and are examined further, action will be considered,” officials said.
The latest scrutiny comes just a week after 26 major e-commerce platforms confirmed in writing that their platforms were free of dark patterns as mandated under the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Companies, including PharmEasy, Zepto, Flipkart Internet, Myntra Designs, Walmart India, MakeMyTrip, BigBasket and JioMart, had submitted self-declarations to the Department of Consumer Affairs stating compliance. Others such as Zomato, Swiggy, Blinkit, Page Industries, William Penn, Cleartrip, Reliance Jewels, Reliance Digital, Netmeds, Tata 1mg, Meesho, Ixigo, MilBasket, Hamleys, Ajio, Tira Beauty, Duroflex and Curaden India had also confirmed eliminating deceptive designs.
The government now believes there may be a mismatch between compliance commitments and real-time consumer interactions, prompting the current round of notices. Depending on responses received, the CCPA will evaluate whether penalties or corrective directives need to be issued. Officials said the authority has taken similar action in recent months against players in online ticketing, food delivery and e-commerce for violations under the Legal Metrology Act. Blinkit, Zepto, Meesho and Swiggy Instamart were at the receiving end of these actions.
The Guidelines for Prevention and Regulation of Dark Patterns, notified on November 30, 2023, prohibit 13 manipulative digital practices that distort consumer autonomy and decision making. These include false urgency, basket sneaking, confirm shaming, forced action, subscription traps, interface interference, bait and switch, drip pricing, disguised advertisements, nagging, trick wording, SaaS billing and rogue malware. The guidelines make use of such tactics a potential unfair trade practice under the Consumer Protection Act.
To operationalise compliance, e-commerce platforms were asked to perform self-audits within three months of the guidelines coming into force. A joint working group was also formed to monitor compliance, raise consumer awareness and track progress in eliminating deceptive design online.
With the latest round of notices, the government is prepared to shift from self-regulated compliance to more active enforcement if the explanations prove insufficient.
