CCPA's advisory on dark patterns sent to over 50 online platforms

Platforms including Amazon, Flipkart, Zomato and Paytm asked to eliminate dark patterns and complete self-audits within three months as per 2020 e-commerce rules

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India's consumer protection watchdog recently issued an advisory to over 50 online platforms, asking them to eliminate dark patterns and conduct self-audits in three months.

 

The Central Consumer Protection Authority (CCPA) sent the directive not just to e-commerce giants such as Amazon and Flipkart, but also to travel aggregators, food-tech platforms, ride-hailing firms, meditech start-ups, streaming services, and fintech companies.

 

Business Standard reviewed a copy of the June 5 email, which noted ongoing instances of dark pattern use despite existing guidelines. In some cases, the CCPA said it had issued notices. The advisory cited Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates that consumer consent for purchases must be explicitly obtained — not automatically recorded through pre-ticked checkboxes or similar mechanisms. 

Flipkart, in a statement, said the company welcomes the CCPA's emphasis on fostering online consumer confidence.

 

"At Flipkart, our commitment to develop & run an open, transparent, technology driven marketplace focused on our customers is in complete sync with the government's focus. Our active collaboration with the government and other stakeholders has been key to jointly shaping a responsible e-commerce ecosystem.  

We constantly keep assessing and self-audit requirements to ensure comprehensive and timely compliance , and we see this advisory as a reaffirmation of the values already central to our Flipkart Marketplace Platform," the statement added.

 

Another platform acknowledged the advisory but noted that the dark pattern guidelines are not legally binding. It argued that such practices are not an industry-wide issue and that firms experiment with design elements to boost engagement and sales.

 

Business Standard wrote to platforms including Amazon, Meesho, Apple, Uber, BookMyShow, Paytm, Namma Yatri, Meta, Nykaa, Zomato, Swiggy, BigBasket, Tata 1mg, and Snapdeal. However, these queries did not elicit a response till the time of going to press.