MediaNama’s Take
Deceptive or dark patterns in online commerce have become the talk of the town lately. As of April 2024, India had a total internet user base of 954.4 million. While some people recognise these manipulative tactics, comprehending their full scope still remains a challenge. With the Consumer Affairs Ministry launching a formal investigation into e-commerce platforms for allegedly deploying dark patterns, the outcome of the probe will likely set an important precedent, especially as cash-on-delivery (CoD) is the go-to mode of payment for users outside Tier I cities.
Platforms found to violate dark pattern guidelines could face strict action under the Consumer Protection Act, ranging from monetary penalties to more stringent disclosure norms. It will be interesting to see if the Central Government comes up with new guidelines directing e-commerce apps to make changes to their interface, as dark patterns are not isolated or accidental features. Instead, they are embedded into the user journey of many apps, aiming to influence their behaviour at the expense of transparency.
The government’s draft guidelines for e-commerce platforms, released in January, stated that these platforms must clearly display relevant information, including product description, price breakdowns, return policies, among other details.
However, companies like Amazon and Flipkart often hide surcharges until checkout, manipulating users into spending more than what they originally intended. With this practice increasingly becoming a norm, urgent regulatory action against such platforms is the need of the hour.
What’s the news
The Central government has launched a probe into e-commerce platforms for allegedly charging customers extra for CoD orders. In a post on X, Consumer Affairs Minister Pralhad Joshi said such charges have been classified as a “dark pattern” that misleads buyers and violates consumer rights.
“A detailed investigation has been initiated and steps are being taken to scrutinize these platforms closely. Strict action will be taken against those violating consumer rights to ensure transparency and uphold fair practices in India’s growing e-commerce sector,” the post further reads.
Joshi’s comments came in response to an X post alleging that Flipkart often imposes hidden or misleading fees under different categories — such as “offer handling fee”, “payment handling fee”, and “protect promise fee”.
Major e-commerce platforms, including Amazon, Flipkart and Myntra, among others, have been adding a fee of Rs 7 to Rs 10 per order when…
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