What are dark patterns? Why Zomato, Ixigo and others are being flagged for using them

The way consumers interact with digital platforms is evolving rapidly, but not always in ways that benefit users. Certain online interfaces are designed to subtly nudge or manipulate decisions, often leading to unexpected charges or commitments. As regulators and consumer advocates sharpen their focus on these practices, several widely used apps are now under scrutiny, highlighting a growing gap between stated compliance and on-ground reality.

What’s The News? 

An audit by the consumer community platform LocalCircles has revealed that despite 26 major e-commerce platforms submitting self-certifications to the Central Consumer Protection Authority (CCPA) claiming they are free from deceptive practices, 21 of these companies still engage in at least one form of manipulative design tactic. 

Among the violations, drip pricing or hidden charges applied only at the checkout stage was found on 11 of the platforms, including major players like Flipkart, Myntra, Cleartrip, MakeMyTrip, BigBasket, Netmeds, TATA 1mg, Zomato, Blinkit, and Ixigo. 

Platforms such as Zepto, JioMart, Ajio, Meesho, Swiggy, Tia Beauty, Reliance Digital, and Hamleys reportedly adhered to the self-declared compliance standards. These findings highlight a disconnect between government guidelines and actual implementation by some of India’s largest digital service providers.

What are Dark Patterns?

Dark patterns refer to manipulative user interface or experience designs that deliberately mislead or coerce consumers into actions they did not intend. Such practices undermine user autonomy, impair decision-making, and may constitute misleading advertisements, unfair trade practices, or violations of consumer rights. Online platforms frequently leverage these subtle design tricks to influence user behaviour, often encouraging higher spending or subscription commitments without explicit consent.

What Are Some of The Well Known Dark Patterns Practices?

Common dark pattern strategies include drip pricing, where the initial price displayed seems low but additional fees, such as delivery, convenience, or handling charges, are only revealed at the final stage, as seen in apps like Zomato. 

Other techniques include bait and switch, where offers like “free trials” result in unexpected charges, and forced continuity, where subscriptions renew automatically without clear reminders. Hidden opt-outs, pre-selected add-ons, and the so-called roach motel, easy sign-ups but difficult cancellations, further manipulate users.

Additional tactics aim to influence perception rather than cost, such as confirmshaming, which uses guilt-inducing language to steer users; misdirection, highlighting one option while concealing another; friend spam, sending invitations without consent; and pricing tricks, where inflated original prices exaggerate discounts. Scarcity signals or countdown timers create false urgency, prompting impulsive decisions.

Why Are Apps Like Zomato, Blinkit & Ixigo Being Flagged?

The renewed focus on dark patterns follows the CCPA’s formal introduction of “Guidelines for Prevention and Regulation of Dark Patterns” in November 2023. These guidelines outline 13 types of manipulative designs, including false urgency, subscription traps, and basket sneaking, whose usage may qualify as unfair trade practices under the Consumer Protection Act. Following limited compliance initially, the CCPA mandated self-audits, prompting the 26 companies to submit public declarations last week. Despite these efforts, several platforms, notably Zomato, Blinkit, and Ixigo, continue to employ design tactics that potentially mislead or coerce consumers, bringing them into regulatory focus.

An audit by LocalCircles, based on feedback from over 250,000 consumers across 392 districts, analyzed more than 300 online platforms in India and found that 97 percent of them continue to use dark patterns. The most common manipulative tactic was “Forced Action,” observed on 75 percent of platforms, where users are pressured into taking unwanted steps, such as purchasing a Priority Pass for a discount that may become invalid if the order is later canceled. 

Following this, “Drip Pricing” was the second most prevalent dark pattern, appearing on 66 percent of platforms. The study also found widespread use of “Interface Interference” at 54 percent and “Bait and Switch” at 52 percent.

-Manan Gangwar

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