Impact of Dark Patterns in E-Commerce on Consumer Rights

Author :

Dr.S.Tamilmani

Associate Professor

Department of Corporate Secretaryship,

PSG College of Arts & Science

Coimbatore-641014.

e-mail:tamilmani@psgcas.ac.in

Co-Author

Dr.S.Archana

Assistant Professor

Department of Corporate Secretaryship,

PSG College of Arts & Science

Coimbatore-641014.

e-mail:drsarchana@psgcas.ac.in

Abstract

The rapid expansion of e-commerce platforms has transformed the retail landscape by providing consumers with convenient and accessible online purchasing opportunities. However, alongside these benefits, certain deceptive design practices known as “dark patterns” have emerged, influencing consumer decision-making and potentially violating consumer rights. Dark patterns are user interface designs intentionally created to manipulate users into making unintended choices, such as subscribing to unwanted services, sharing personal data, or making unintended purchases. These practices raise serious concerns regarding transparency, fairness, and consumer autonomy in the digital marketplace. In India, the Consumer Protection Act, 2019 and regulatory interventions by the Central Consumer Protection Authority have attempted to address unfair trade practices in online commerce. This study examines the impact of dark patterns in e-commerce platforms and their implications for consumer rights. The research adopts a doctrinal and analytical methodology based on secondary data sources including legal provisions, policy guidelines, research articles, and reports issued by regulatory authorities. The study analyses various types of dark patterns used by e-commerce platforms and evaluates the effectiveness of existing legal provisions in preventing such practices. The findings reveal that while regulatory frameworks exist to protect consumers, the increasing sophistication of digital marketing strategies poses challenges for enforcement. The study concludes that stronger regulatory oversight, enhanced consumer awareness, and ethical design practices are necessary to safeguard consumer rights in the evolving digital marketplace.

Keywords

Dark Patterns; Consumer Rights; E-Commerce; Consumer Protection Act, 2019; Unfair Trade Practices; Digital Consumer Protection; Online Marketplaces