India’s digital platforms still riddled with dark patterns, 18-month study finds

Despite clear regulatory guidelines, dark patterns continue to thrive across India’s digital ecosystem, shows a detailed study by community platform LocalCircles. The report, which is based on an 18-month-long research effort, drawing inputs from over 230,000 consumers across 392 districts and analysing 228 platforms, has found that the study highlights how deceptive design practices remain entrenched in several sectors, notably edtech, e-commerce, travel, online banking, and OTT services.

“Dark patterns continue to trap consumers into spending more than anticipated, often getting into unwanted situations,” LocalCircles said in its report, warning that manipulative tactics are being used even after the Central Consumer Protection Authority (CCPA) issued its Guidelines for Prevention and Regulation of Dark Patterns in November 2023.

Dark patterns refer to manipulative design tactics used by apps and platforms to nudge users into actions they may not intend, like sharing personal data, subscribing to services unwittingly, or paying hidden charges. Under the Consumer Protection Act, 2019, violations can attract penalties of up to ₹20 lakh and imprisonment up to six months.

The study categorises platforms into three broad tiers based on the number of dark patterns identified. “Edtech, online banking, eCommerce, OTT, app taxis, inventory eCommerce, food delivery platforms among others were found to be using seven or more dark patterns,” it said. Others, including mobile telecom, digital lending, online insurance, and gaming platforms, were reported to use between four to six, while sectors such as train ticketing, car rental, and financial trading reported one to three.

In terms of specific tactics, LocalCircles found the most prevalent to be Forced Action, present on 54% of platforms. “This may include downloading an app or seeking personal data that is not required or mandatory to complete the transaction,” the study explained. Drip Pricing, also known as Hidden Charges, was the second-most reported pattern, found on 48% of platforms, with charges like delivery fees and processing costs often added only at the final stage.

Other frequently observed dark patterns include Bait and Switch (33%), Subscription Trap (34%), Interface Interference (25%), and Confirm Shaming (22%). Tactics like Nagging, Basket Sneaking, and False Urgency were also documented, while one platform was found using a Trick Question to manipulate users — a pattern observed on just 0.44% of platforms.

“This is India’s most comprehensive repository on dark patterns,” the platform said, adding that the report is the result of AI-powered platform analysis combined with grassroots consumer input.

The scale of violations has prompted action at the government level. “After multiple escalations on dark pattern issues by LocalCircles, the Minister of Consumer Affairs and Public Distribution summoned several online platforms to ensure action,” the report noted. Still, LocalCircles warned that without rigorous enforcement, the guidelines remain toothless.

“Eighteen months after the law against dark patterns was notified, it is critical that it is brought into the mainstream and CCPA enforcement is strengthened such that every platform ensures that they are free of dark patterns,” the report concluded.