Regulating the Deceptive Interface: Consumer Protection Law and the Challenge of Dark-Pattern Advertising in India

Abstract

Abstract: As the ecommerce and digital advertising industry has surged in India, we are seeing the emergence of so-called “dark patterns” those interface and messaging decisions that push customers towards decisions they may not otherwise be inclined to make. This paper aims to provide a doctrinal understanding of the legal journey in India from the general ambit of "unfair trade practice" as provided by the Consumer Protection Act, 2019, to the specialized Guidelines for Prevention and Regulation of Dark Patterns, 2023 released by the Central Consumer Protection Authority (CCPA). It links the dark patterns classified in the Guidelines (false urgency, basket sneaking, confirm-shaming, forcing consumer action and subscription traps) to existing statutory taxonomies for unfair and misleading trade practices and considers the interpretation challenges found when the existing pre-digital consumer protection doctrine is applied to algorithmic persuasion. The paper claims that while the 2023 Guidelines are a pivotal step forward in regulation, a private right of action is still absent from the equation as well as definitional ambiguities and jurisdictional limitations exist to restrict enforcement. Concludes with a compliance-by-design framework that guides marketing practitioners and a set of doctrinal clarifications for regulators and researchers.