Dark Patterns and Examples
Source : Indian express
GS II: Governance; GS III : Science and Technology; GS IV: Ethics, Integrity and Aptitude
Overview
- What is a Dark Patterns and Examples?
- What is unfair trade practice?
- Consumer Protection Act, 1986
Why in News ?
To restrict dark patterns in internet marketing, the Union Consumer Affairs Ministry has decided to create particular standards.
News Brief
- The Union Consumer Affairs Ministry has urged consumers to flag such manipulative online practices on the National Consumer Helpline.
- It also asks online platforms not to engage in unfair trade practices or manipulate consumer choice
- Consumers to flag such manipulative online practices on the National Consumer Helpline (NCH) by calling 1915 or through a WhatsApp message to 8800001915.
What is the issue mentioned in the news?
- Many strategies are employed to attract customers including fake urgency which gives the illusion of scarcity and basket sneaking, which involves adding more goods or services to the shopping cart without the user’s knowledge.
- The Ministry has also become aware of hidden prices and subscription traps.
- Another business strategy that makes it simple for customers to join up for a service but challenging for them to cancel it
- Some notable issue with travel and tourist websites.
- This will violate consumer rights under Section 2(9) of the Consumer Protection Act.
What is Dark Pattern and it’s Example?
- Harry Brignull first used the phrase “dark patterns” in 2010.
- It simply refers to a user interface that has been designed to deceive or mislead people into making decisions that are not in their best interests.
- Dark patterns cover a wide range of deceptive tactics, including bait-and-switch, drip pricing, covert advertising, decision manipulation, fake urgency, and privacy problems.
Dark Patterns Definition is unethical user interface and user experience (UI/UX) interactions that are intended to deceive or manipulate consumers into doing something they don’t want to do.
Who is using Dark Patterns advertising?
- Companies in the social media and big tech sectors, like Apple, Amazon, Skype, Facebook, LinkedIn, Microsoft, and Google, exploit cunning or substandard user experiences to their benefit.
- LinkedIn users often receive unsolicited, sponsored messages from influencers.
- Instagram is sponsored video ads getting scattered between reels and stories.
What are the examples for Dark Patterns?
- Subscription Traps makes it easy for consumers to sign up for a service but difficult for them to cancel it, often by hiding the
Photo by John Schnobrich on Unsplash cancellation option or requiring multiple steps.
- Hiding information in dull colour, especially “cancel button”.
- Online deals countdown.
- Ads appear as news and playing video while scrolling.
- Credit Card required after ending free subscription
- Hidden Costs tactic involves hiding additional costs from consumers. Say two rupee for bank account verification after providing details.
- Adding additional products or services to the shopping cart without user consent.
- Showing scarcity of product while buying.
How Dark Pattern impact users?
- dark patterns advertising endanger the experience of Internet users.
- This will make vulnerable to financial and data exploitation.
- Dark patterns confuse users, introduce online obstacles, make simple tasks time-consuming.
- It makes users sign up for unwanted services/products.
- Also force them to pay more money.
- Collecting and share more personal information than they intended.
- Dark Patterns affect consumer consumer protection.
What is unfair trade practice?
- Businesses that use dishonest, fraudulent, or otherwise unethical means to obtain a competitive advantage or make a profit are said to be engaging in unfair trade practices.
- This includes
- Misrepresentation
- Fraudulent advertising or representation of an item or service
- Tied selling
- Phoney free-gift or prize offers
- Deceptive pricing
- Noncompliance with manufacturing standards are examples of unfair commercial practices.
- It is also called as deceptive trade practices or unfair business practices.
Where unfair trade practice occurred?
- Unfair trade practices are commonly seen in the purchase of goods and services by consumers, tenancy, insurance claims and settlements, and debt collection.
- This is also seen in virtual world as Dark Pattern an example.
Some Examples for unfair trade practice
- Misguiding about some product by giving benefits, advantages that they actually dont have
- Mutual fund advertisement recently curbs by the Court that doesn’t have the risk involved.
- It misrepresents any policy as being shares of stock.
Consumer Protection Act, 1986
Definition: An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto.
- The new Consumer Protection Act, 2019 came into force on 20th July 2020.
- Consumer Protection Act, 2019 establishes the Central Consumer Protection Authority (CCPA)
- A manufacturer, product seller, or product service provider will be held accountable for compensating for harm or damage brought on by a defective product or a lack of services.
- Alternate Dispute Resolution Mechanism of Mediation
- Dispute Resolution Alternatives Where there is potential for an early resolution and the parties consent, a Consumer Commission will refer a case for mediation.
- The mediation will take place in the Mediation Cells, which the Consumer Commissions will set up.
- There won’t be an appeal against the mediation-based settlement.
- Consumer Disputes Redressal Commission Rules, there will be no fee for filing cases up to Rs. 5 lakh.
- Rights of Consumers
- The right to be shielded from the promotion of items, services, or anything that endanger life and property
- The right to information on the specifications of goods, services, and/or products, where appropriate, in order to safeguard consumers against unfair business practices
- The right to be guaranteed access to a variety of goods, products, or services at reasonable costs, wherever possible
a consumer’s right to be heard and to be certain that their concerns will be taken into consideration in the proper forums - The right to file a complaint about unethical business practices, restricting business practices, or shady consumer exploitation.
- The right to informed consumer choice
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