Raam Gottimukkala

In the vast theater of e-commerce, designers often wield significant influence, subtly guiding users through platforms to achieve specific outcomes. However, the ethical considerations surrounding these practices, termed as dark patterns, have come under scrutiny. Much like a puppeteer manipulating puppets for a captivating show, dark patterns involve designers steering users into unintended actions. A classic example of this is Microsoft’s “bait and switch” method, pressuring users to upgrade to Windows 10 without a clear cancel option, illustrating the puppeteer’s control over user decisions.

But dark patterns extend beyond the digital realm. Consider the analogy of a disguised onion sale — an apparent bargain that, upon closer inspection, reveals hidden spoilage within. This parallels disguised advertisements, one of the dark patterns plaguing e-commerce.

India’s Regulatory Response: In recognition of the growing concerns surrounding dark patterns, the Indian Government, through the Central Consumer Protection Authority (CCPA), has taken a decisive step. The ban on 13 dark patterns, including false urgency, subscription traps, and drip pricing, signals a commitment to fair consumer practices. The guidelines were issued on November 30, 2023, under Section 18 of the Consumer Protection Act, 2019, this move marks a significant leap toward ethical e-commerce.

Dark Patterns and Solutions:

  1. False Urgency – Booking.com:Dark Pattern: Creating a false sense of urgency by stating “Only 1 room left at this price.”Solution: Prioritize informing users of genuine availability rather than creating artificial urgency.
  2. Sneak into the Basket – Zomato:Dark Pattern: Sneaking charitable contributions into the basket without explicit user consent.Solution: Empower users by providing an option to select charitable contributions rather than automatically including them.
  3. Confirm Shaming – MakeMyTrip:Dark Pattern: Forcing users to select options like “Let me risk it” when declining insurance.Solution: Cultivate a user-friendly approach by hiring a polite and humble UX writer to enhance user experience.
  4. Forced Action – Windows Update:Dark Pattern: Forcing users to update without providing an option to delay the process.Solution: Offer users the flexibility to update at their preferred time, respecting their autonomy.
  5. Subscription Trap – Amazon.com:Dark Pattern: Creating hurdles for users attempting to cancel subscriptions.Solution: Streamline the unsubscribe process, placing it logically under the profile section for easy access.
  6. Drip Pricing – Zomato’s Hidden Costs:Dark Pattern: Presenting a lower product cost initially and adding hidden fees during billing.Solution: Enhance transparency by clearly communicating all costs, including taxes and fees, during the ordering process.

The Way Forward with Business System Design:

The ban on dark patterns serves as a catalyst, not merely for surface-level changes but for a profound reevaluation of the very foundations of business systems. Business system design emerges as the linchpin in this transformative journey, a powerful tool for realigning practices with unwavering ethical principles.

  • Transparent Communication: 

Example: Consider an e-commerce platform that previously utilized false urgency tactics, creating a sense of scarcity to drive sales. With a commitment to transparent communication in business system design, the platform revisits its communication strategy. Instead of misleading messages, it now provides accurate information about product availability. If a product is genuinely low in stock, users are informed truthfully, fostering trust and transparency.

  • User Empowerment:

In the realm of subscription traps, businesses often made it arduous for users to cancel their subscriptions, employing labyrinthine processes. With a user-empowering business system design approach, platforms like Amazon.com now place the unsubscribe option prominently in the user’s profile section. Users can effortlessly exercise their right to discontinue services without unnecessary hurdles, empowering them with control over their subscriptions.

  • User-Centric Approach:

The dark pattern of confirm shaming coerces users into selecting options that may not align with their preferences. In a user-centric business system design, companies like MakeMyTrip shift their approach. Rather than employing tactics that shame users into particular choices, they hire UX writers to craft polite and humble messages. This not only respects user choices but also enhances the overall user experience.

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