Dark Patterns in E-Commerce: Understanding CCPA Guidelines and Penalties in India

Dark patterns are deceptive user interface designs that trick or manipulate consumers into making decisions they would not otherwise make, such as unknowingly subscribing to services, sharing personal data, or paying hidden charges. Recognising the growing threat these practices pose to online consumers, India's Department of Consumer Affairs notified the Guidelines for Prevention and Regulation of Dark Patterns in 2023, making India one of the few countries with dedicated dark pattern regulations. These guidelines are legally enforceable and apply to all e-commerce platforms, online service providers, and digital businesses operating in India. With the CCPA now actively monitoring compliance and issuing enforcement notices, every online business must audit its user interface to ensure it is free from dark patterns.

The 2023 Guidelines identify 13 specific dark patterns that are prohibited under Indian law: False Urgency (creating artificial time pressure to rush purchases), Basket Sneaking (adding items to cart without consent), Confirm Shaming (using guilt-laden language to discourage opting out), Forced Action (compelling users to take unrelated actions to proceed), Subscription Trap (making it easy to subscribe but difficult to cancel), Interface Interference (manipulating UI elements to mislead), Bait and Switch (advertising one thing but delivering another), Drip Pricing (revealing hidden charges only at checkout), Disguised Advertisements (ads presented as organic content), Nagging (persistent interruptions to push actions), Trick Wording (confusing language designed to mislead), SaaS Billing (charging for unused or cancelled subscriptions), and Rogue Malware (deceptive software installation). These guidelines derive their binding legal authority from Section 18(2)(l) of the Consumer Protection Act 2019, which empowers the CCPA to prevent unfair trade practices. The CCPA issued a formal Advisory on June 5, 2025, requiring all e-commerce platforms to conduct a mandatory self-audit within three months to detect and eliminate dark patterns, effective until December 31, 2026.

Every e-commerce business operating in India must immediately conduct a comprehensive audit of its user interface and customer journey. Review every step from browsing to checkout for any of the 13 prohibited dark patterns. Pay particular attention to pricing disclosure (ensure all charges are shown upfront, not dripped in at checkout), subscription mechanics (ensure cancellation is as easy as signup), consent collection (no pre-ticked checkboxes or forced opt-ins), and advertising transparency (clearly distinguish ads from organic content). Document your audit findings and remediation steps as evidence of compliance. Train your product, design, and marketing teams on what constitutes a dark pattern. The penalties for violations are severe: imprisonment up to two years and fines up to Rs 10 lakh for first offences, escalating to five years imprisonment and Rs 50 lakh for repeat offenders. Twenty-six leading e-commerce platforms have already submitted voluntary compliance declarations, demonstrating that regulators take this framework seriously.

Recent enforcement activity confirms that the CCPA is actively monitoring platform conduct. In February 2025, the CCPA issued a notice to BookMyShow regarding its donation opt-in practice, which was subsequently updated to a clear voluntary option. This enforcement action signals that no platform is too large or too small for regulatory scrutiny. The self-audit deadline under the June 2025 Advisory extends through December 2026, giving businesses a compliance window, but proactive action is strongly recommended. As consumer awareness of dark patterns grows and regulatory enforcement intensifies, businesses that maintain transparent and fair user experiences will gain significant competitive advantage. The Sansa Kanoon Pranali Partners team specialises in e-commerce compliance and consumer protection law. We can conduct a full dark patterns audit of your platform, advise on remediation, and help you build compliant user experiences that maintain conversion rates while meeting legal requirements.