Are 'dark patterns' used by websites and apps illegal in India?
A website tricked me into a paid subscription through a confusing checkout design and hid the free option. Is this illegal under consumer law? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.
Are 'dark patterns' used by websites and apps illegal in India? is governed in India primarily by Guidelines for Prevention and Regulation of Dark Patterns 2023 and Consumer Protection Act 2019, Section 2(47). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.
The CCPA's Guidelines for Prevention and Regulation of Dark Patterns, 2023 identify 13 specified dark patterns including false urgency, basket sneaking, confirm-shaming, forced action, and subscription traps.
'Basket sneaking' (adding items or charges without consent) and 'drip pricing' (revealing charges only at a late stage of checkout) are expressly listed as prohibited dark patterns.
A dark pattern that manipulates consumer choice or deceives them into a transaction falls within the wide definition of 'unfair trade practice' under Section 2(47) even independent of the Guidelines.
The CCPA can issue directions, impose penalties, and require corrective action against platforms found using dark patterns, in addition to consumers' individual remedies.
Screenshots and screen recordings of the checkout flow are crucial evidence to demonstrate exactly how the dark pattern misled you into the transaction.
What to do next: 1) Take screenshots or a screen recording of the misleading checkout flow immediately; 2) Request cancellation and refund from the platform citing the specific dark pattern used; 3) File a complaint with the CCPA or National Consumer Helpline referencing the 2023 Guidelines; 4) File a consumer complaint for refund and compensation if the platform refuses to act.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Guidelines for Prevention and Regulation of Dark Patterns 2023 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.