The Central Consumer Protection Authority has directed companies including Zepto, IndiGo, FirstCry, PharmEasy, McAfee, BookMyShow, Physics Wallah and SpiceJet to modify their interfaces or discontinue "dark patterns" that manipulated consumer choices, obscured charges or added products and services without explicit consent
The action was taken under India's consumer protection framework, which includes the Consumer Protection Act, 2019, the Consumer Protection (E-commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023. The guidelines identify 13 practices, including false urgency, basket sneaking, subscription traps, drip pricing and disguised advertisements, that can mislead consumers into making unintended purchasing decisions.
Companies Which Were Penalised
Zepto was found to be using both drip pricing and basket sneaking. It displayed a lower initial price but added handling charges during checkout. It also added a Zepto Pass membership fee without obtaining the user's consent. The authority imposed a penalty of Rs 7 lakh and directed the company to disclose all charges upfront.
IndiGo Airlines was flagged for confirm shaming on its mobile application. Consumers who declined an optional service were shown the wording, “No I will take risk,” which discouraged them from opting out. Following regulatory intervention, IndiGo replaced it with the more neutral phrase, "No, I will not add to the trip."
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FirstCry was found to be engaging in drip pricing. Although products were displayed as having an MRP inclusive of all taxes, additional GST was charged during checkout. The company was directed to display final tax-inclusive prices upfront and was penalised Rs 2 lakh.
PharmEasy automatically added its PLUS membership to consumers' carts without their consent. The company discontinued the practice and paid a penalty of Rs 1 lakh.
McAfee restricted users to the options “Accept Risk” or “Renew Now” when prompting them to renew a subscription, without providing a neutral cancellation or skip option. The conduct resembles forced action, though the annexure does not expressly assign it that label. McAfee later added a “Skip” option, discontinued the practice and paid a penalty of Rs 1 lakh.
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BookMyShow was found to be engaging in basket sneaking by automatically pre-selecting an additional Rs 1 contribution towards BookASmile after ticket booking. Following the authority's intervention, the platform gave consumers the choice to decide whether they wished to make the contribution.
Physics Wallah also used basket sneaking by automatically pre-selecting a Rs 10 donation to the PW Foundation during checkout. It additionally used emotionally persuasive messaging to encourage consumers to retain the donation. The platform also required users to provide personal information before accessing courses advertised as free. Physics Wallah was directed to discontinue these practices and was penalised Rs 5 lakh.
SpiceJet was found to have used trick questions, forced action and interface interference. Its website used pre-ticked boxes to enrol consumers in the SpiceClub Loyalty Programme and obtain consent for promotional communications without active and informed action. The company subsequently rectified the interface and was penalised Rs 1 lakh.
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