MC EXCLUSIVE Govt may weigh action as Amazon delays dark-pattern declaration

26 of India’s largest e-commerce platforms on November 20 submitted self-declaration letters to the Central Consumer Protection Authority (CCPA), confirming compliance with the government’s dark-pattern guidelines.

Amazon is yet to submit a self-declaration on compliance with India’s dark-pattern guidelines, even as 26 leading e-commerce platforms have completed the process. According to a senior official, the government may consider punitive action, if consumer complaints persist.

What are dark patterns?

Dark patterns refer to deceptive design tactics embedded in websites and apps that trick users into unintended actions, such as making unwanted purchases, signing up for subscriptions, or sharing personal data.

These patterns often operate subtly, exploiting user behaviour through design nudges and misleading prompts.

'Amazon seeking more time'

The senior government official said that the e-commerce major has been seeking more time, indicating that the delay could be due to Amazon’s large-scale and multiple internal approval layers. “They are one of the biggest players, so there may be some bureaucracy involved,” the official said.

However, the government does not plan to call the company for further discussions. “We have done what we had to. Now it is for them to inform consumers that they are not using dark patterns,” this official added.

Penalties under the Consumer Protection Act include a fine of Rs 10 lakh for a first offence and up to Rs 50 lakh for subsequent violations. For unfair trade practices, there is no upper limit, as the amount depend on the scale and impact of the violation.

Authorities will continue monitoring grievance channels, such as the national consumer helpline. If complaints pour in, punitive action could follow.

A spokesperson for the e-commerce major said: “At Amazon, we are committed to upholding the highest standards of consumer protection and ensuring full compliance with the Guidelines for Prevention and Regulation of Dark Patterns, 2023. We have been in regular communication with the Ministry of Consumer Affairs in this regard.”

Self-audits

Back in June, the government advised all e-commerce platforms to conduct self-audits to identify dark patterns within three months of the advisory being issued, and to take necessary corrective measures.

Based on the findings of these self-audits, platforms were also encouraged to provide self-declarations confirming that they are not engaging in any dark patterns.

During the same period, the Department of Consumer Affairs constituted a Joint Working Group (JWG), comprising representatives from concerned ministries, regulators, voluntary consumer organisations and National Law Universities.

The JWG has been tasked with examining and monitoring violations of dark patterns on e-commerce platforms and sharing its findings with the Department of Consumer Affairs at regular intervals. It will also recommend suitable awareness programmes to educate consumers about dark patterns.

26 platforms submitted self-declaration letters

Following this, as many as 26 of India’s largest e-commerce platforms on November 20 submitted self-declaration letters to the Central Consumer Protection Authority (CCPA), confirming compliance with the government’s dark-pattern guidelines.

Companies that have submitted filings include Flipkart, Myntra, Ajio, JioMart, BigBasket, Zepto, Swiggy, Blinkit, MakeMyTrip, Cleartrip, Ixigo, Tata 1mg, PharmEasy, Netmeds, Meesho, several Reliance Retail entities, Page Industries, Duroflex, William Penn, Hamleys and others.

These platforms stated that their interfaces do not contain any of the 13 dark patterns identified under the Guidelines for Prevention and Regulation of Dark Patterns, 2023. These include false urgency, basket sneaking, confirm shaming, forced action, subscription traps, bait and switch, interface interference, drip pricing, disguised ads and trick wording.

The disclosures marked the first major wave of filings since the Centre, in May, directed digital platforms earlier this year to conduct mandatory self-audits of their user interfaces and publish the results.