97% online platforms deploy dark patterns to manipulate users: LocalCircles Survey

Over 23 online platforms have been found to use more than seven dark patterns in their apps to manipulate users into making decisions that were hitherto not intended, a LocalCircles survey revealed on Wednesday. The report finds that only 3% of the reviewed platforms were utterly devoid of any dark patterns.

A dark pattern is a design or interface practice that deceives users into making decisions that benefit the platform, often without their awareness and consent. While such practices may not always directly harm users, they are designed to prioritise the platforms’ interests over those of the users.

These dark patterns, the report notes, have led users to incur hidden fees, fall prey to subscription traps, and encounter frustrating experiences on the platforms.

The study received responses from over 2.50 lakh consumers across 290 online platforms in the country, spanning almost 2 years, and was validated using an AI-based dark pattern detection engine.

Of the 290 platforms, 23 platforms were using more than seven dark patterns. These platforms included Digital Lending, Edtech, Online Banking, e-commerce, OTT, app-based cab aggregators, quick commerce and grocery, food delivery, medicine and health services, travel, Airlines, Event Ticketing, Online Payments, Real Estate, Online Insurance, Broadband, and recruitment and networking.

Some of the most common dark patterns noticed across these platforms included forced action, where users were forced into taking unnecessary actions to proceed, such as consent to data sharing to order something; drip pricing, where users were bound to pay hidden charges until the final step, increasing total price; and bait and switch, where the initial price to convince users into purchasing a product was far lower than what they actually end up paying.

In May, Union Minister Prahlad Joshi highlighted an instance of such dark patterns, where mobility platforms like Uber, Ola, and Rapido requested users to tip drivers in advance to expedite their trip booking confirmations.

Eventually, the Central Consumer Protection Authority (CCPA) sent notices to these platforms promoting such features. The CCPA had issued a gazette notification in 2023, defining 13 dark patterns as unfair trade practices. Under this notification, online platforms were asked to self-audit and remove dark patterns within three months. Under the Consumer Protection Act, 2019, such platforms may be subject to penalties, including fines of up to ₹20 lakh and imprisonment for up to six months. Yet, so far, neither have the mobility platforms stopped offering this functionality on their platforms, nor have either of them been penalised under the act.

The report stated that government advisories have had a limited impact over the years, with most platforms continuing dark pattern practices.

As a follow-up to this report, LocalCircles plans to conduct and release sectoral dark pattern data within the next three months.