Bureau Report | Chennai, Tamil Nadu, India
The intersection of technology and consumer rights has emerged as a critical area of legal scrutiny in India’s rapidly digitizing economy. In a significant effort to educate the next generation of legal professionals and consumers, Apollo Arts and Science College, Chennai, hosted a guest lecture on “Consumer Protection and Dark Patterns in the Digital Era.” The session was delivered by Dr. Suresh Kumar Manoharan, a distinguished consumer rights advocate associated with the Tamil Nadu Consumer Protection Organisation (TNCPO) and holding key leadership positions as National Vice President & State President (Tamil Nadu) of the Federation of International Trade Investor Gunodaya Association (FITIG).
The Legal Framework Governing Dark Patterns in India
Dr. Manoharan began the lecture by establishing the constitutional and statutory framework that underpins consumer protection in India. He explained that the Consumer Protection Act, 2019 (CPA) represents a paradigm shift from the earlier 1986 Act, particularly in its recognition of new-age consumer challenges emerging from digital commerce.
A landmark development in this regulatory landscape came on November 30, 2023, when the Central Consumer Protection Authority (CCPA), exercising its powers under Section 18 of the Consumer Protection Act, 2019, notified the “Guidelines for Prevention and Regulation of Dark Patterns, 2023.” India thus became the first country globally to issue dedicated guidelines specifically targeting deceptive design patterns in the digital space.
The guidelines, as Dr. Manoharan elaborated, define dark patterns as “any practices or deceptive design pattern using user interface or user experience interactions on any platform that is designed to mislead or trick users to do something they originally did not intend or want to do, by subverting or impairing the consumer autonomy, decision-making or choice.” Such practices fall squarely within the definition of “unfair trade practices” as enumerated under Section 2(47) of the Consumer Protection Act, 2019.
The 13 Identified Dark Patterns: A Legal Taxonomy
The lecture provided a comprehensive analysis of the 13 dark patterns specifically identified and prohibited under the 2023 Guidelines. Dr. Manoharan explained each pattern with legal implications and real-world examples:
1. False Urgency: This involves creating a false sense of scarcity or time pressure to influence consumer decisions. Examples include “Only 2 seats left!” or “Limited time offer” when no such limitation exists. This constitutes deception about availability, directly violating consumer rights under Section 2(9) of the CPA.
2. Basket Sneaking: The practice of adding additional items, donations, or services to the shopping cart without the consumer’s explicit consent. The BookMyShow case, where ₹1 was automatically added toward “BookASmile” charity through pre-ticked boxes, exemplifies this violation.
3. Confirm Shaming: Using guilt-inducing language to manipulate consumer choices. The IndiGo Airlines case demonstrated this when passengers opting out of add-ons were shown “No, I will take risk.” Such phrasing coerces consumers and undermines free choice.
4. Forced Action: Requiring consumers to perform unrelated actions or share unnecessary personal data to access the intended service. This intersects with privacy law violations under the Digital Personal Data Protection Act, 2023 (DPDPA).
5. Subscription Trap: Making cancellation difficult or hiding auto-debit terms. This includes converting free trials to paid subscriptions without adequate notice, potentially violating both consumer protection and banking regulations.
6. Interface Interference: Manipulating the user interface to highlight certain choices while obscuring others—such as making the “Accept” button prominent while hiding “Reject” in grey text.
7. Bait and Switch: Advertising one offer but delivering another, which constitutes fraudulent inducement under contract law principles.
8. Drip Pricing: Revealing charges incrementally rather than displaying the full price upfront, violating transparency requirements under Rule 4 of the Consumer Protection (E-commerce) Rules, 2020.
9. Disguised Advertisements: Presenting ads as organic content without disclosure, violating the Advertising Standards Council of India’s codes and CPA provisions on misleading advertisements.
10. Nagging: Persistent, repeated interruptions that disrupt user experience and pressure consumers into decisions they would not otherwise make.
11. Trick Wording: Using confusing or ambiguous language that misleads consumers about the nature of their consent.
12. SaaS Billing: Hidden auto-renewals in software-as-a-service products without clear disclosure.
13. Rogue Malwares: Malicious code compromising user control, potentially attracting criminal liability under the Information Technology Act, 2000.
Enforcement Mechanisms and Recent Regulatory Actions
Dr. Manoharan provided an incisive analysis of the CCPA’s enforcement powers under Sections 18, 20, and 21 of the Consumer Protection Act, 2019. The CCPA possesses authority to conduct investigations, order recall of goods or services, direct discontinuation of unfair practices, and impose significant penalties.
The lecture examined two landmark enforcement actions that have shaped the jurisprudence on dark patterns:
The IndiGo Airlines Case: The CCPA took suo motu cognizance of IndiGo’s opaque seat selection process and confirm shaming practices. By order dated June 19, 2024, the CCPA directed IndiGo to modify its user interface to provide consumers with clear, unambiguous options to skip paid seat selection. The airline subsequently added the disclaimer: “You can skip preferred seat selection and complete your booking. IndiGo will auto-assign a seat prior to your travel.”
The BookMyShow Case: Following consumer complaints about automatic ₹1 additions per ticket toward “BookASmile” charity through pre-ticked boxes, the CCPA issued a notice on February 11, 2025. BookMyShow subsequently modified its interface to provide clear opt-in choice, eliminating the basket sneaking pattern.
These cases demonstrate the CCPA’s proactive approach in safeguarding consumer interests and establish important precedents for future enforcement.
The June 2025 Advisory: Self-Audit Mandate
A significant portion of the lecture focused on the most recent regulatory development—the CCPA’s Advisory dated June 5, 2025, issued following a high-level stakeholder meeting chaired by Union Minister Shri Pralhad Joshi on May 28, 2025.
Dr. Manoharan explained that this advisory mandates all e-commerce platforms to conduct comprehensive self-audits within three months (by September 5, 2025) to identify and eliminate any dark patterns from their interfaces. The advisory also encourages platforms to submit self-declarations confirming their compliance with the 2023 Guidelines.
The Joint Working Group (JWG) constituted on June 5, 2025, comprising representatives from ministries, National Law Universities, and Voluntary Consumer Organizations, has been tasked with identifying emerging dark patterns and recommending further regulatory measures.
The Intersection with Data Privacy Law
Drawing from recent legal scholarship, Dr. Manoharan highlighted the crucial intersection between the Dark Pattern Guidelines and the Digital Personal Data Protection Act, 2023 (DPDPA). He explained that certain dark patterns—particularly forced action, subscription traps, and nagging—may simultaneously violate both regulatory frameworks.
Under Section 4 of the DPDPA, consent must be “free, specific, informed, unconditional, and unambiguous” with a clear affirmative action. Dark patterns that manipulate users into sharing personal data or agreeing to data processing violate this fundamental requirement. Additionally, Section 8(4) of the DPDPA mandates data fiduciaries to implement technical and organizational measures ensuring effective observance of the Act—which includes preventing dark patterns in consent mechanisms.
The penalties under the DPDPA can extend up to ₹50 crores (approximately USD 5 million), creating significant financial exposure for non-compliant platforms. This dual regulatory exposure under both the CPA and DPDPA represents a critical compliance consideration for digital businesses operating in India.
Consumer Remedies and Reporting Mechanisms
The lecture emphasized practical remedies available to consumers. Dr. Manoharan directed students’ attention to the technological tools developed by the Department of Consumer Affairs in collaboration with IIT BHU through the Dark Patterns Buster Hackathon 2023:
- Jagriti App: Enables consumers to report suspected dark patterns directly to the CCPA and flags suspicious websites
- Jago Grahak Jago App: Provides real-time safety scores for e-commerce websites
- Jagriti Dashboard: A real-time monitoring tool that scans e-commerce URLs and generates detailed reports for regulatory action
Consumers can file formal complaints through these applications, triggering CCPA investigation and potential enforcement action. The National Consumer Helpline (NCH) serves as a single-point access for grievance redressal at the pre-litigation stage.
Conclusion: The Path Forward
Dr. Manoharan concluded by emphasizing that the prohibition of dark patterns is not merely a regulatory requirement but a democratic commitment to preserving consumer dignity in the digital era. As India’s digital economy continues its exponential growth, the legal framework must evolve to address emerging challenges while maintaining the delicate balance between innovation and consumer protection.
The active participation of students in the Q&A session—raising questions about online privacy, misleading advertisements, and grievance mechanisms—demonstrated the growing awareness among young consumers about their digital rights. Faculty members appreciated the initiative, recognizing that such discussions are vital in preparing students to navigate the rapidly evolving digital marketplace responsibly.
As the September 2025 deadline for self-audits approaches, the legal community, regulatory authorities, and businesses must work collaboratively to ensure that India’s digital marketplace remains transparent, ethical, and truly consumer-centric.
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