Congratulations! Humanity has reached new heights in psychological sophistication—or, more accurately, in the art of manipulation. Development is an intrinsic part of human nature; we’ve been evolving since the dawn of our existence on this vibrant blue-green planet. This progress has profoundly transformed the way we communicate, and some individuals have become true masters of this craft. Over time, they have devised countless strategies to influence others, ensuring outcomes that serve their own interests.
One of the most prominent and insidious strategies today is the use of Dark Patterns. As we’ve built increasingly sophisticated networks of devices around us, the applications and platforms we use have evolved in ways that are, unfortunately, not always for the better. For instance, it’s almost inevitable that people like you or me will find ourselves signing up for shady websites or clicking “Accept” on endless cookie banners. But here’s the twist: what if I told you that you never actually had to? That you could avoid the intrusive messages and deny websites access to your data hidden within their “cookie” settings?
Now, what if I told you that the option to opt-out was always there, right in front of your eyes, but the website deliberately buried it in an unassuming, tiny text link that hardly looks clickable? That is what is known as a Dark Pattern. Dark patterns are deceptive design practices embedded in user interfaces (UIs). They are implemented to influence or force users into making choices most favorable to the developer or creator of the UI.
Take the example of the Roach Motel: This type of dark pattern makes it harder for a user to escape a particular condition, such as canceling a subscription.
I experienced this firsthand when I had to buy Amazon Prime recently. During the purchase process, I was automatically shifted onto “automatic payment” settings, meaning that every month or year, the subscription cost would be deducted from my account, renewing the subscription automatically. Throughout the process, I didn’t see an option to opt for a one-time payment instead. After my eventual (and not-so-voluntary) compliance, I had to watch a tutorial on YouTube titled “How to Cancel Automatic Payments”. Following the tutorial, I navigated through the Amazon app, clicked on my profile, went into Amazon Pay, selected “Automatic Payments,” and finally cancelled it. Users unfamiliar with such tactics often fall prey to them.
There are many other types of dark patterns. For the sake of knowledge, here’s a list:
- Roach Motel: It’s easy to sign up for services or subscriptions, but very difficult to cancel them (e.g., automatic payment options that make it hard to opt out or cancel).
- Sneak into Basket: Items or charges are automatically added to the shopping cart without the user’s consent (e.g., charity donations added to the final bill at checkout).
- Hidden Costs: Additional charges such as taxes, shipping, or handling fees appear only at the final stage of the checkout process, making the product seem cheaper than it really is (e.g., product price listed lower, but the final cost is higher due to hidden fees).
- Confirmshaming: Guilt-tripping users into making decisions by using shameful language (e.g., to cancel a subscription, the option says “I like to pay more” instead of a simple “I want to cancel”).
- Forced Continuity: Users are automatically charged after a free trial ends without clear notice or an easy option to opt-out (e.g., subscription continues billing unless canceled manually after a trial period).
- Privacy Zuckering: Tricking users into sharing more personal data than they intended by default (e.g., companies enable data-sharing settings by default, without users being fully aware).
- Trick Questions: Misleading or confusing language is used to make users select unwanted options (e.g., wording like “Uncheck this box if you do not want to receive marketing emails,” which might confuse the user into opting in instead of opting out).
- Disguised Ads: Ads are made to look like regular content or user interface elements, which are hard to distinguish as paid promotions (e.g., sponsored posts that don’t clearly state they are ads).
- Bait and Switch: A site promises something attractive (e.g., “Click here to download”) but redirects users to something else entirely when clicked (e.g., a different website).
- Misdirection: Visual tricks are used to hide important actions or make less desirable actions more prominent (e.g., making the “unsubscribe” button very small and difficult to find while highlighting options to keep the subscription).
However, identifying and defining dark patterns from a legal perspective isn’t as straightforward as explaining them in terms of user experience. Mainly because they exploit the loopholes of the provisions of a statute. while the law has prescribed some standard that a company has to follow, the extent to which a company may have to comply with that particular standard is not defined. For instance: according to the Food Safety and Standards authority of India (FSSAI), the companies have to outright mention the sugar contents of their products, but as the sugar can be named in its 50 alternative names, the companies use names that a layman such as you or me is unable to comprehend.
Prominent examples of these incidents can be the ‘bournvita’ incident of 2023[1] where bournvita listed some of its sugar contents as glucose rather than plainly mentioning sugar, after investigation and some consumer complaints, bournvita reduced the sugar content in its products by 15 percent in dec 2023.
The other incident that has forced the food authorities to take action is the Nestlé India’s Maggi Rich Tomato Ketchup (2024) incident where concerns were raised about the sugar content in Maggi’s ketchup, where sugars were listed as “liquid glucose” and “corn syrup.” In response to consumer advocacy, Nestlé announced a recipe change in 2024, reducing sugar content by 22% and increasing the proportion of tomatoes.
Right now, we have many regulations that govern how companies sell their product but hey have many loopholes which almost all of the companies today know how to utilize towards their own interests sidelining the consumer’s.
But if you are a consumer like me, who feels cheated because a company mispresented to you a product or service, there are still avenues left for your redressal, you can still lodge a consumer complaint under Consumer Dispute Redressal Commissions (CDRCs) (district, state, national) or use E-Daakhil portal or you can use Consumer Grievance Redressal Portals on whatsapp and other social media websites.
We have provisions under the Consumer Protection Act, 2019, which serve as strong tools for consumer justice:
- Section 2(47) – Unfair Trade Practice: this section has a huge scope and if anything seems unfair against the consumer a consumer may find relief under this section.
- Section 10 – Establishment of the Central Consumer Protection Authority (CCPA):
Consumers may have also notified the CCPA, which has powers to investigate unfair trade practices and impose penalties.
- Section 69 – Filing a Consumer Complaint:
This section provides the procedure to file a complaint against unfair trade practices before the consumer forums.
While it’s easy to feel disheartened, the long-term solution lies in consumer awareness, empowering individuals to assert their rights against large, exploitative corporations. It’s crucial to remember that people like you and me are not powerless; our collective strength grows as long as the government remains committed to serving the people.
The goal of this article is to shed light on a common yet often overlooked issue—one that occurs in our daily lives but is rarely discussed. The true purpose of this piece will be fulfilled if, next time you face a cookie banner, you choose the “more options” button instead of simply clicking “accept all.” It may seem trivial, but every small decision you make has the power to shape the world around you.
[1] Bournvita Row: India’s child rights body asks Bournvita to remove misleading ads amid claims of high sugar content – The Economic Times
The article is authored by Deven Rao, who is currently studying law at Vivekananda Institute of Professional Studies.