The Central Consumer Protection Authority (“CCPA”) issued an Advisory on June 05, 2025 (“Advisory”) calling upon e-commerce platforms to conduct self-audits to identify and ensure that their platforms do not contain dark patterns, within 3 months from the date of issuance of the Advisory. The Advisory has been issued with reference to the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines”) that were issued under the provisions of the Consumer Protection Act, 2019 (“Act”).

Understanding ‘Dark Patterns’

A dark pattern is a deliberate user interface design, which are intentionally structured to steer users into making decisions which they may not otherwise make. Classic examples of dark patterns include pre-ticked boxes, fake countdowns, false scarcity, basket sneaking, confirm shaming and un-cancellable subscriptions.

With the increasing use of online e-commerce platforms and growing digital economy, the CCPA notified the Guidelines with an aim to protect consumers from deceptive online practices by preventing and identifying ‘dark patterns’.

The Guidelines identify 13 such dark patterns and state that the use of such dark patterns amounts to (i) misleading advertisement, or (ii) unfair trade practice, or (iii) a violation of consumer rights under the Act.

The Department of Consumer Affairs offers a helpful explainer on dark patterns which may be accessed here.

Enforcement of the Guidelines

The Guidelines are applicable and enforceable by the CCPA and consumers against (i) all platforms which systematically offer goods or services in India, which include e-commerce entities (ii) advertisers, (iii) product sellers, and (iv) service providers. The CCPA is responsible for interpreting and enforcing the  Guidelines.

CCPA actions against consumer e-commerce platforms

Action against IndiGo

The CCPA, in furtherance to the Guidelines has suo-moto taken cognizance and issued a notice to IndiGo for the use of dark patterns such as:

• Opaque Seat Assignment Processes: IndiGo obscured the ability for users to skip the paid seat selection option, forcing users to opt for the preferential seating option (which was payable upfront).
• Confirm Shaming: Users opting out of add-on services (such as baggage insurance) were shown messages such as “No I will take risk”, which sought to manipulate users to making choices.

Upon consideration of IndiGo’s responses the CCPA passed directions vide order dated June 19, 2024, directing IndiGo to inter alia examine the feasibility of introducing a feature in their web check-in process, whereby consumers are informed in a distinct, clear and unambiguous manner that consumers can complete their web check-in process without choosing a preferred seat

In compliance with the CCPA’s order dated June 19, 2024, IndiGo has now updated its user interface eliminating the use of such patterns and by providing appropriate disclaimers such as “You can skip preferred seat selection and complete your booking. IndiGO will auto-assign a seat prior to your travel”.

 Action against BookMyShow

The CCPA had also issued notices to BookMyShow, basis allegations that BookMyShow had allegedly imposed an extra charge on customers, whereby after a user had selected their tickets for booking, INR 1 per ticket was automatically added as contribution towards ‘BookASmile’ in the form of a pre-tick, which was done without the consent of the user. The same amounted to ‘Basket Sneaking’, which is defined under the Guidelines.

After the CCPA’s intervention, BookMyShow addressed the issue of ‘Basket Sneaking’ by giving its users an option to choose whether or not, if they wish to contribute towards ‘BookASmile’.

June 05, 2025 Advisory

The Advisory was issued in furtherance to a high-level stakeholder meeting on eliminating deceptive online practices, which was organised by the Department of Consumer Affairs, Government of India on May 28, 2025..

The CCPA, through its Advisory has advised that e-commerce platforms conduct self-audits to identify and eliminate dark patterns, within three months from the date of issue of the advisory. The Advisory also encourages e-commerce platforms to make self-declarations that their platforms do not indulge in the use of any such dark patterns. Wider crackdown by the Central Government on the use of Dark Patterns

The notification of the Guidelines, the stakeholder meeting held in May 2025, and the CCPA Advisory is indicative of a larger crackdown by the Central Government on the use of dark patterns by platforms in India, placing serious emphasis on creating a fair digital marketplace, where consumers can make informed choices without being tricked or coerced into doing so.

It is pertinent to note that India is the first country to have issued dedicated Guidelines towards tackling the use of dark patterns on online platforms.

The Department of Consumer Affairs has launched two mobile applications – ‘Jago Grahak Jago’, ‘Jagriti’, which alerts users if any URL is unsafe and requires caution. These applications allow users to report URLs where they suspect one or more dark patterns. Further, on the ‘Jagriti Dashboard’ which is accessible through the website of the Ministry of Consumer Affairs, consumers can submit real-time reports against websites which employ the use of dark patterns on their platforms.

Implications on E-Commerce Entities

The Central Government and the CCPA, through its recent Advisory has reaffirmed its seriousness in taking action against  the use and deployment of dark patterns on online platforms.

The Government has also recognized that ‘dark patterns’ do not just harm individual consumers, but also distort competition in the digital marketplace. Businesses that deploy manipulative designs may gain an unfair advantage by artificially boosting sales or user engagement, making it harder for competitors who follow fair practices to compete on a level playing field. This could also potentially create barriers for smaller or new entrants, ultimately reducing consumer choice and innovation.

Given the renewed focus on dark patterns, it is recommended that all e-commerce platforms conduct self-audits in line with the Advisory to examine whether their platforms have deployed any dark patterns and take appropriate steps to curb and eliminate the same.