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Dark Patterns: Types, Impact, & Regulatory Actions

Dark Patterns

A report by the Advertising Standards Council of India (ASCI) titled “Conscious Patterns” highlights that nearly all Indian apps employ these deceptive design practices (also known as ‘dark patterns’).

  • This leads to financial losses, data breaches, and compromised privacy for users.
Dark Patterns Types, Impact, & Regulatory Actions
[Ref: TOI]

About Dark Patterns:

  • Dark Patterns refer to deceptive design strategies that manipulate user interfaces to induce unintended actions, compromising consumer rights and constituting unfair trade practices.

Types of Dark Patterns:

  • False Urgency: Creates a sense of artificial pressure to act quickly (e.g., only a few items left).
  • Basket Sneaking: Adds unwanted items to a shopping cart during checkout without user consent.
  • Confirm Shaming: Uses fear, shame, or guilt to manipulate users into making a purchase (e.g., choice between upgrading now or opting out as ‘I don’t want smarter software’).
  • Forced Action: Requires additional unrelated purchases or sign-ups.
  • Subscription Trap: Makes it difficult and time-consuming to cancel subscriptions.
  • Interface Interference: Deliberately confuses users to misdirect their actions (e.g., unlocking cashback by misleading steps).
  • Bait and Switch: Promises one outcome but delivers an inferior alternative.
  • Drip Pricing: Initially hides fees, revealing the full, higher price only after purchase (e.g., adding packaging charges last).
  • Disguised Advertisement: Camouflages ads as other content types.
  • Nagging: Bombards users with irrelevant requests or information.
  • Privacy Deception: Tricks users into sharing more personal data than intended (e.g., enabling location tracking without clear consent).

Impact and Regulatory Actions:

  • In response, the ASCI and the Department of Consumer Affairs issued guidelines in 2023 to prevent and regulate deceptive design patterns.
  • To support the creation of more ethical digital products, a ‘Conscious Pattern Website’ has been established, promoting the development of Digitally Conscious Products and fostering informed consumer choices online.

Ref: Source

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Frequently Asked Question:

What is Confirm Shaming?

Confirm Shaming uses fear, shame, or guilt to manipulate users into making a purchase, such as offering the choice between upgrading now or opting out with a negative statement like “I don’t want smarter software.”

What is Basket Sneaking?

Basket Sneaking adds unwanted items to a shopping cart during checkout without the user’s consent, often increasing the final cost and potentially tricking users into purchasing items they did not intend to buy.

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