Research & Opinion
Understanding Dark Patterns in Cybercrime: What You Need to Know
Dark patterns are deceptive design strategies on websites and apps meant to manipulate users into actions they didn’t plan, like making purchases or subscribing to services.
These techniques exploit common cognitive biases and often use pressure tactics, such as creating an artificial sense of urgency or scarcity, to rush decisions.
To counteract these tactics, India’s Ministry of Consumer Affairs released the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These guidelines clarify what constitutes dark patterns and provide examples like false urgency, basket sneaking, and bait-and-switch techniques.
Their goal is to safeguard consumer autonomy and promote transparency, curbing misleading ads and unethical trade practices.
Common Dark Patterns
1. False Urgency
Websites may display countdown timers or “limited stock” alerts to push users toward faster decisions. For instance, an e-commerce site might show “Only 3 left!” even when more stock is available.
2. Basket Sneaking
Extra items or services appear in your shopping cart without your knowledge. For example, an online retailer might add items like insurance without explicit consent, making it easy for users to overlook.
3. Bait-and-Switch
A service or product is advertised, but a different one is actually provided. A common example is offering a “free trial” but automatically enrolling users in a paid subscription with limited transparency.
4. Hidden Costs
Additional charges or fees appear only at the final step of checkout. Some travel booking websites may initially display low prices but reveal higher charges as the transaction proceeds.
5. Forced Continuity
This tactic involves making it hard to cancel a subscription after a free trial. Streaming services, for instance, may enroll users in paid plans after the trial ends, often complicating the cancellation process.
Legal Protections Against Dark Patterns in India
Under the Consumer Protection Act, 2019, dark patterns are deemed unfair trade practices, particularly under Section 18(2)(l) and Section 21(1), which address misleading advertisements and unethical practices. The Central Consumer Protection Authority (CCPA) is empowered to take action against entities using these manipulative tactics.
What to Do if You Encounter Dark Patterns in India
- Report to the Authorities
The CCPA can investigate cases involving dark patterns. You can lodge a complaint through the National Consumer Helpline by calling 915 or on WhatsApp at 8800001915. - Document Evidence
Save screenshots, URLs, and any communication with the site involved. This documentation will help authorities understand your complaint.
Tips to Avoid Falling for Dark Patterns
- Stay Skeptical: If an offer looks too good to be true, it might be. Watch for tactics that create urgency or artificial scarcity.
- Review Terms and Conditions: Check the terms before making purchases or signing up for services. Watch for hidden fees and automatic renewals.
- Use Trusted Sites: Stick to reputable websites known for ethical practices.
- Enable Two-Factor Authentication: Enhance account security with two-factor authentication.
- Monitor Accounts: Regularly check bank and credit card statements for unauthorized charges.
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Spread Awareness
Share your experiences with others to raise awareness about dark patterns. Educating family and friends can help protect them from falling victim to similar tactics.
By taking these steps, you not only shield yourself from dark patterns but also contribute to a safer digital environment. Interested in learning more about ethical design practices? Contact us to explore how we can help you create user-centered digital experiences that foster trust and transparency.