Don't let dark patterns quietly inflate your online shopping bills

Check the final payable amount, remove pre-ticked add-ons, and preserve screenshots if you need to complain

Indian consumers are losing an estimated ₹25,000–28,000 crore annually to deceptive interface designs, commonly known as dark patterns, across online marketplaces. The ‘Dark Patterns in India’s Online Marketplaces’ report, released by market research firm Datum Intelligence, says 88 per cent of India’s 304 million online buyers lose approximately ₹78–87 each month to drip pricing, forced add-ons, false urgency rules and subscription traps. 

The Reserve Bank of India (RBI) also recently flagged the issue of digital mis-selling and dark patterns. The regulator said banks and their agents cannot use digital interfaces that trick customers into taking actions they did not intend. It asked entities to audit interfaces and remove unfair design features.

What are dark patterns

Dark patterns are deceptive user interface (UI) and user experience (UX) design techniques. They manipulate consumers into taking decisions they may not otherwise take. 

“These practices exploit human psychology, cognitive biases, urgency, confusion, or lack of attention to increase revenue for digital platforms at the expense of consumer choice and transparency,” says Prashant Mali, cybercrime lawyer, Bombay High Court.  

Neehar Pathare, MD, CEO & CIO, 63 SATS Cybertech, adds that they exploit customers’ fear of missing out, decision fatigue, and the tendency to skim text. 

“Dark patterns subvert or impair consumer autonomy, decision-making or choice,” says Dhruv Kaushal, partner, King Stubb & Kasiva, Advocates and Attorneys. 

Urgency prompts and confusing visual layouts can weaken critical thinking and push customers towards the easiest path on screen. 

The Central Consumer Protection Authority’s (CCPA) 2023 guidelines identified 13 kinds of dark patterns. They recognised these tactics as unfair trade practices and issued strict recommendations against them.

Drip pricing

This is the practice of the customer seeing an attractive low base price at the start of the purchase journey. “A number of other fees and charges—convenience fees, platform fees, mandatory insurance and handling costs—get added at the checkout process,” says Pathare. 

Consumers realise only when they reach the final payment screen that the item costs more than advertised. “It works through sunk-cost reluctance: Consumers become less willing to abandon the purchase after they have invested time and effort,” says Pathare.

Forced add-ons

Forced add-ons can include insurance, warranties, magazine subscriptions, charity donations, priority delivery and gift wrap that are pre-ticked in the cart. 

“Platforms rely on consumers not scrolling down and unchecking pre-selected add-ons,” says Rohit Sakunia, co-founder, ArtE Mediatech. 

False urgency

False urgency creates time pressure or artificial scarcity. It involves the use of fake countdown timers that reset or claims of low stock that remain unchanged for months. “Fake urgency triggers panic and fear of missing out, and leads consumers to make impulse purchases. It prevents consumers from taking time to compare prices, read reviews or assess whether they need the item,” says Pathare.

Subscription traps

Subscription traps rely on inertia and obfuscation to keep charging consumers quietly. Free trials become traps when users must enter payment details and then forget to opt out before the trial ends. 

Auto-renewals charge consumers for the next period without requiring explicit confirmation after a trial or billing cycle ends. Difficult cancellations make it easy to sign up but deliberately hard to stop future charges. Hidden renewal dates and unclear refund rules leave consumers facing rigid no-refund policies after an auto-debit.

Check the final payable amount

To guard against drip pricing, compare the final payable amount, not the advertised price. “Proceed to the payment page before making a purchase decision,” says Mali.  

“Check the price breakup before paying. Read the cart line by line and treat it like a contract,” says Sakunia. You may even abandon the cart if you find that unreasonable fees have been added.

Remove pre-ticked add-ons

On reaching the checkout screen, slow down and scan for pre-checked boxes. Check whether insurance, donation, priority delivery, gift wrap, warranty or subscription options have entered the cart without your clear consent. “Assume that pre-selected items are not for your benefit and uncheck them first,” says Sakunia. You may consciously tick those items again if you think you need them.

Test urgency claims

When you see a countdown timer or low stock warning, pause and step away for 5–10 minutes. Check a competitor’s site to test false urgency claims. Avoid buying only because the platform claims that the offer will expire soon.

Control recurring payments

To protect themselves against a subscription trap, mark the date when the trial period ends and opt out before that date. You may also cancel a free trial if payment details are required. 

“Check and revoke unused recurring mandates in your banking or Unified Payments Interface (UPI) apps,” says Pathare.

Another option is to use virtual or disposable cards with low limits for trials.

Preserve evidence

If you observe dark patterns, gather evidence. “Preserve screenshots, screen recordings, purchase receipts, emails, notification trails and bank or payment statements,” says Piyush Agrawal, partner, AQUILAW. Take screenshots of advertised prices, cart values and the final payable amount. Screenshots and screen recordings should ideally be time-stamped. “Such evidence can help consumers support their complaint if the platform later disputes what it showed on screen.”

Check seller feedback

Compare two or three platforms before making any big purchase. “Also check comments posted by other customers about the seller. Review feedback on products bought from that seller,” says Anurag Kashyap, partner, EY Forensic and Integrity Services. Customer feedback can help identify whether other buyers were duped.

Use available recourse

Report platforms that violate dark pattern rules instead of ignoring such practices. Consumers can reach out to the grievance officer appointed by the relevant platform or seller, if available. The CCPA monitors complaints submitted through the National Consumer Helpline (1915), email, or app to act against platforms violating the 2023 dark pattern guidelines. “Consumers can also approach the CCPA through the Jagriti Portal,” says Agrawal. 

An aggrieved consumer may also file a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. “They can raise a complaint before the relevant District, State or National Consumer Disputes Redressal Commission, depending on the quantum of claim,” says Kaushal.

 

Sundry charges you may be saddled with

• Convenience fees were originally introduced to recover online booking system costs but have become a significant revenue source for many platforms
• Platform fees are charges imposed simply for using the marketplace
• They may be charged regardless of order size
• Handling fees are charged on top of delivery fees for handling the order
• They are vague by design