hometechnology NewsHidden fees, difficulty in unsubscribing, false urgency: India to soon act against online dark patterns

Hidden fees, difficulty in unsubscribing, false urgency: India to soon act against online dark patterns

Additional Secretary at the Department of Consumer Affairs, Nidhi Khare, told CNBC-TV18 that most of the stakeholders interacted with had appreciated the government's concerns, and had assured unfair practices won't be adopted in India.

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By Abhimanyu Sharma  Jun 30, 2023 6:24:23 PM IST (Published)

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Hidden fees, difficulty in unsubscribing, false urgency: India to soon act against online dark patterns
Observing nine online dark patterns being employed by several e-commerce companies and apps as violative of the Consumer Protection Act, the Department of Consumer Affairs consulted several stakeholders on June 13 in Mumbai and urged them to stop such practices.

Hidden fees in online bookings, making consumers buy extra to qualify for free delivery, difficulty in being able to unsubscribe, false urgency, basket sneaking, confirm shaming, forced action to sign-up to access content, bait and switch, nagging and disguised ads have been identified as nine online dark patterns by the Indian government to crack down upon.
Additional Secretary at the Department of Consumer Affairs, Nidhi Khare, told CNBC-TV18 that most of the stakeholders interacted with had appreciated the government's concerns, and had assured unfair practices won't be adopted in India. Stating that the department is now in the stage of public advocacy by spreading the word about such patterns, she urged consumers to report such dark patterns on the National Consumer Helpline.
Describing several practices by online travel, hospitality and e-commerce portals as violative of consumer rights; she pointed out that many e-commerce sites create a fake urgency and scarcity of products to compel consumers to buy. She explained that free delivery of products is often used as bait to compel consumers to buy products they don't want, or consumers are led to subscribe to certain channels, where they can't locate the link for exit or unsubscribe in a few clicks.
Online dark patterns are already defined under the EU's Digital Services Act, California's Privacy Rights Act and the OECD Committee on Consumer Policy. The Norwegian Consumer Authority had acted against Amazon for keeping the route to unsubscribe from service as inordinately longer than the subscription itself, while the United States had asked the online game Fortnite to refund $245 million to consumers for charging money without consent, secretly saving credit card information and for a confusing purchase process resulting in unwanted charges.
Consumer Affairs Secretary Rohit Kumar Singh said that the department is in touch with SEBI as the latter is drafting a set of guidelines for financial influencers, which they'll put in the public domain for consultation. Reminding that social media influencers are mandated to disclose their material connected with the products they're endorsing, he stated that the consumer who is watching should know whether the endorsement is paid or an honest opinion.
While he said that guidelines are already in place and the government is engaging with social media influencers for self-regulation, he added that necessary action will be taken if influencers cross the line. He clarified that Health influencers will have to declare if they're doctors or nutritionists if they're offering specific advice on health for protein, medicine or any chemical product.

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