Consumer helpline to aid users tricked by online apps on prices

Possibly, you just came across a deceptive practice at some digital economy firms that prompt customers to make unintended purchase choices. But you have a remedy: Lodge a complaint at the National Consumer Helpline, and the government will act against the company, a senior official said.

These practices, also known as ‘dark patterns,’ are in the nature of unfair trade practices and are covered under the Consumer Protection Act, which is punishable, according to Union consumer affairs secretary Rohit Kumar Singh. The government will act if it receives any complaint as there is no regulatory gap as far as dark patterns are concerned, he said.

“Action would be taken under the existing provisions of the Consumer Protection Act 2019,” Singh said.

Other similar practices include free trials of services changing into regular purchases without warning, pop-up messages blocking the intended action of a consumer, and promotional material disguising as independent reviews, according to information available from the Advertising Standards Council of India (ASCI), the advertising industry’s self-regulator.

The term ‘dark patterns’ was coined by UK-based user experience designer Harry Brignull, known for his work in digital ethics and cognitive science. His website cites cases where large corporations had to pay hefty fines and penalties for the use of such practices in certain markets.

Such practices fall on the wrong side of the law because consumers are often led to make decisions based on inadequate or wrong information, which distorts the efficient functioning of markets that should otherwise ensure more choices at the best possible price to the consumer.

Keeping material information about packing and delivery charges from the consumer at the time of selecting food items on a food delivery app may lead to unintended choices. The app may be designed to guide consumers to make unintended choices that are profitable to the platform or the seller and not to the consumer.

Emails sent on Friday to online food delivery apps Zomato, and Swiggy and travel booking platforms Cleartrip, Goibibo and MakeMytrip seeking comments remained unanswered till press time.

The Consumer Protection Act of 2019 led to the setting up of the Central Consumer Protection Authority (CCPA), which seeks to protect and enforce consumer rights. The authority is empowered to make interventions to prevent consumer detriment.

ASCI had said in a statement last year that dark patterns come in many forms and are present across multiple platforms.