ASCI processed advertising complaints in 2021-22. Some 29 per cent were about the dark patterns to lure customers. These ads were promoted by influencers and were from sectors such as e-commerce fashion, personal care, crypto, food and beverage and finance.

Let us understand the dark patterns. It is an attempt by a user interface to trick users into making choices that are detrimental to their interest, e.g. buying an expensive product, paying more than what was initially declared, making choices on false/paid-for feedback. These dark patterns impede a customer’s right to be well-informed. These constitute unfair trade practices prohibited under the Consumer Protection Act, 2019. The problem can be addressed by having self-regulation.

Types of Dark Patterns

Nagging : It is persistent, annoying and repetitive criticism and requests for action.

Bait and switch : Here what is delivered is different from what is advertised. Often, there is a switch to a lower quality product or another product.

Disguised ads : Ads are so designed that these look like content, say news articles or user-generated content.

Urgency : Here a sense of scarcity is created or a sense of urgency is created. It is is a pressume tactic goading consumers to make a purchase or take action.

Basket sneaking : Here some additional products/services sneak into the shopping cart without the user consent.

Forced action : Consumers are coerced into taking action which otherwise they would not have taken, e.g. signing up a service so as to access content.

Subscription traps : It is easier to sign up for a service, but difficult to cancel it. The cancellation is a cumbersome multi-step process.

Hidden costs : Some costs are kept hidden till the consumers are already into making a purchase.

Pre-ticked boxes : Some checkboxes are already checked. It is assumed that you will not bother to uncheck them. These boxes are for opting into email newsletters or agreeing to receive promotional material.

Misleading buttons : A button says something but does something else. There is a ‘cancel’ button which does not cancel or a ‘no thanks’ button that signs you up for something. These buttons must be deleted.

Disabled links : It is annoying to click a link to close out a pop up but it does not do anything. Either you do whatever the pop up asks or close the browser tab totally. Such links should be disabled.