Flagging Dark Patterns: Experts Weigh In Design Elements Designed To Deceive

Hypnotically blinking "Buy Now" signs and "Limited Offer" messages that pull one into uneasy action, are not new experiences for consumers.

Seeing the airfare shoot up just as one is looking at options or the final price being a few hundred bucks more than the actual item, are issues that masses of users run into.

While these may often be understood as technical glitches or one-offs, these are intentionally placed deceptive design elements. Consumer Affairs Minister Prahlad Joshi held a meeting on Wednesday with over 50 e-commerce platforms like Nasscom and consumer groups.

The government has formally identified 13 such manipulative tactics in its existing guidelines, including false urgency, basket sneaking, hidden costs, and subscription traps and has cautioned platforms to adhere to the law.

Consumers are often subjected to dark patterns in user interfaces that subtly push them into making unintended or fully informed decisions. The prevalence of dark patterns is widespread, as confirmed by Sachin Taparia, chairperson of LocalCircles.

"We have analysed 288 apps across sectors and the good thing is, now the government is aware," he stated. Taparia said that classic bait and switches have been common in popular apps.

Common examples of dark patterns include showing nearby cabs that are in reality, further, to keep users engaged, or offering limited options at an advertised price. He also pointed to "forced action" as extremely common, where, for instance, ticket fares increase as a user interacts with the interface, pressuring them to book faster.

Madhav Kasturia, chief executive officer of Zippee, further elaborated on the nature of these designs, noting that "companies have to make the slope very slippery".

He also highlighted the increased friction against the user's journey to cancellation, making it difficult for consumers to opt out of services. Right from discovery to cart, there are six to seven layers to dark patterns, he said.

While these tactics are discreet and subtle for the user, they set a slippery slope for users to spend more.

Now, do these sneaked in bucks make a difference in the company's revenue? According to Aakash Anand, founder of Wolfpack Labs and former founder of Bellavita, these deceptive practices often directly impact a company's revenue.

"Most modern apps are better innovation on ancient practices," he explains. Falling between ethical and unethical marketing, Anand highlights that these innovative tactics are still based on older sales practices.

"There are platforms that have a constant battle to get the most out of the consumer even while the consumer is looking to get the best deal," he said.

Talking about what needs to change, Taparia said, "What we need is transparency, for the consumer to clearly understand the charges and see if it works for them."