Dark Patterns: CCPA Action Against Misleading Digital Practices

Context: CCPA Acts Against Dark Patterns on Digital Platforms
CCPA penalised PhysicsWallah and McAfee for using dark patterns, which are deceptive digital design practices that manipulate consumer behaviour, compromise informed consent, and undermine consumers’ Right to Information under Article 19(1)(a).

Dark Patterns: Key Terms

Dark Patterns

  • User-interface designs that mislead or manipulate consumers into making unintended choices.

Basket Sneaking

  • Extra products or services are automatically added during checkout.
  • Example: ₹10 donation pre-selected.

Confirm Shaming

  • Guilt or emotional pressure is used to discourage opting out.
  • Example: “Don’t you want to help children?”

Forced Action

  • User is compelled to share personal data or perform extra steps.
  • Example: Mobile number required for accessing a free course.

Interface Interference

  • One option is made visually dominant over another.
  • Example: Large “Renew” button and hidden “Cancel” option.

Trick Question

  • Confusing or misleading wording is used to obtain consent.
  • Example: Double-negative opt-out statement.

False Urgency

  • Artificial scarcity or time pressure is created.
  • Example: “Only 2 seats left.”

Subscription Trap

  • Subscription is easy, but cancellation is difficult.
  • Example: One-click sign-up but multi-step unsubscribe.

Central Consumer Protection Authority

Status

  • Statutory regulatory body under Section 10 of the Consumer Protection Act, 2019.

Composition

  • Chief Commissioner
  • Up to 2 Commissioners

Eligibility

Expertise in:

  • Consumer affairs
  • Law
  • Economics
  • Commerce
  • Industry
  • Public administration
  • Public affairs

Tenure

  • 5 years or 65 years, whichever is earlier.

Powers

  • Suo motu inquiry
  • Recall unsafe goods / services
  • Withdraw misleading advertisements
  • Impose penalties
  • Protect consumer interests

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Dark Patterns: CCPA Action Against Misleading Digital Practices

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