Dark Patterns And How They Influence Consumer Behaviour: Explained
Recent discussions about dark pattern were sparked by a controversy involving Zepto where a former employee claimed it charged higher prices to customers with smartphones valued over Rs 30,000.
The payment you just made for your online delivery was significantly more than what one pays while buying from a store. Sure, there's delivery charge, but was the amount paid not significantly higher, over and above the delivery fee? But then, you were too lazy to add up the math and moved on. Like many others, you became a victim of dark pattern practices.
What Is A Dark Pattern?
A dark pattern is a user interface design that deliberately manipulates users into taking actions they might not take if they were in the know. These deceptive practices can include hiding important information, making it difficult to opt out of subscriptions, or tricking users into sharing more personal data than they intended. The term "dark patterns" was coined by user experience specialist Harry Brignull in 2010. Examples of dark patterns include:
Hidden Costs: Adding unexpected charges during the checkout process.
Friend Spam: When a service asks for access to your contacts and then spams them with invitations that appear to come from you.
Forced Continuity: Automatically charging users after a free trial ends without clear notification.
The Zepto Case
Zepto, a prominent quick-commerce platform, found itself at the center of one such dark pattern controversy. The uproar began with a viral Reddit post from reportedly a former employee, accusing the company of fostering a toxic work culture. The post detailed troubling practices, including erratic work hours and high-pressure environments. However, what caught the most attention was the claim that Zepto was using "dark patterns" to charge higher prices to customers with smartphones valued over Rs 30,000.
This controversy has sparked a broader conversation about the ethics of such practices and their impact on consumer trust.
What Have Consumers Complained About?
Consumers have raised several complaints against Zepto. The primary issue is the alleged differential pricing based on the value of the customer's smartphone. Users with more expensive phones reportedly faced higher charges for the same products. Additionally, there are concerns about the company's handling of customer data and the overall transparency of its pricing strategies.
What Is The Regulation Regarding Different Pricing For Different Consumers?
In 2023, the Ministry of Consumer Affairs, Food and Public Distribution issued guidelines under the Consumer Protection Act, 2019, to regulate the practice of differentiated pricing based on consumer categories. Specifically, these guidelines address the issue of dark patterns, which refer to deceptive design practices that mislead or coerce consumers into making unintended decisions.
Under the guidelines, no platform, advertiser, or seller is allowed to use tactics that manipulate consumer choice by obscuring or distorting relevant information, particularly when it comes to pricing. Practices like “false urgency”, “basket sneaking”, and “forced actions”—where consumers are tricked into paying more or subscribing to unwanted services—are prohibited. The rules are aimed at ensuring transparent pricing and preventing unfair trade practices that exploit consumers’ decision-making.
The guidelines also stress that any pricing strategies or advertising that mislead or force consumers into paying for services or products they did not initially intend to purchase will be regulated. The Central Consumer Protection Authority (CCPA) will enforce these rules, and any violations will be addressed according to the provisions of the Consumer Protection Act, 2019.
What Should Users Be Aware Of?
Users should be vigilant about the potential for dark patterns in the apps and websites they use. Here are some tips to protect yourself:
Read the Fine Print: Always check the terms and conditions before making a purchase.
Be Skeptical Of Offers: If an offer seems too good to be true, it might be a tactic to lure you into spending more.
Monitor Your Data: Be aware of what personal information you are sharing and how it might be used.
Report Suspicious Activity: If you suspect a company is using dark patterns, report it to consumer protection agencies.
