DARK PATTERNS IN E-COMMERCE: A THREAT TO CONSUMER RIGHTS

In today's era, online shopping is prevalent. When we open a shopping app to buy something and place an order, the bill, the cart shows an added travel insurance for which nobody asked, along with a countdown clock that says the deal expires in a few minutes, and other people are looking for the same product right now. This does not happen by accident or coincidence. In such apps, every design choice is properly tested, measured, and developed to increase sales. Happening of such circumstances can be referred to as dark patterns. The Guidelines for the Prevention and Regulation of Dark Patterns define dark patterns as deceptive design techniques that manipulate the user interface (UI) or user experience (UX) and are employed on online platforms. These techniques manipulate the user into taking actions which they did not intend or voluntarily choose. These practices influence consumers' decisions and hence interfere with their autonomy in decision-making. These practices violate consumer rights and lead to unfair trade practices. So, the dark patterns are tricks built into the websites and apps that confuse and pressure a person into a decision they did not really want to make. Harry Brignull, who was a user experience designer, coined the term ‘dark patterns’ in 2010. He described how interfaces are deliberately designed to pull the wool over consumers’ eyes and trick them into actions they did not intend initially, for example, buying insurance with a purchase or signing up for recurring bills. Now, after fifteen years, these dark patterns have become the centre for a large part of the internet to make money, and hence, they are not just a fringe design habit. This article looks at what dark patterns are, why they are linked to consumer rights, what the response of Indian and foreign law is, and what needs to be done.