91视频

in a recent survey, by LocalCircles, eight out of 10 consumers in India reported experiencing at least one “dark pattern” in the telecoms sector. A parallel study also surfaced, revealing comparable experiences in the securities and insurance sectors. Separately, a report by a market research firm estimated that Indian consumers lose up to INR280 billion (USD2.91 billion) annually to dark patterns.

However, dark patterns are not a new problem. Recognising this issue in 2023, the Central Consumer Protection Authority of India (CCPA) published the Guidelines for Prevention and Regulation of Dark Patterns, 2023, under the Consumer Protection Act, 2019 (CPA).

CCPA guidelines on dark patterns

These guidelines define dark patterns as deceptive user interface designs or user experience practices designed to mislead or trick users into taking actions they did not originally intend to take. Thirteen categories of dark patterns that amount to misleading advertising, unfair trade practices, or violations of consumer rights under the CPA are expressly prohibited. The guidelines apply to all platforms that systemically offer goods or services in India, advertisers and sellers.

The CCPA has been actively enforcing these guidelines, holding digital platforms liable based on complaints and on its own motion, acting against airline websites, quick commerce entities, ticket booking platforms, edtech platforms and cybersecurity companies etc. It has also progressively provided guidance on applying CPA’s existing provisions on digital manipulation.

While the CPA sets out specific categories of “unfair trade practice”, the CCPA also stresses that this list is not exhaustive. Further, it has clarified that a preselected or default option does not satisfy the affirmative consent requirement under the Consumer Protection (E-Commerce) Rules, 2020. The existence of a decline option does not discharge the obligation to present a neutral choice.

Additionally, the CCPA also issued an advisory, in June 2025, encouraging e-commerce platforms to carry out voluntary self-audits to: check for dark patterns on their platforms; take action to ensure their platforms are free of dark patterns; and submit self-declaration reports to that effect.

91视频 unique enforcement approach

Multiple factors make 91视频 approach to combating dark patterns unique. These guidelines, and their enforcement, are designed to protect consumer interest rather than regulate platform design. That said, the dark pattern guidelines have a few structural weaknesses that impact enforcement.

Unlike most other jurisdictions, Indian law specifically identifies 13 dark patterns and provides illustrative examples of each in the annexure. While the terms are defined broadly, this is a more prescriptive approach than the principle-based approach taken globally. The list is also incomplete relative to known or popular terminologies.

The guidelines complement sector-specific regulations and apply across platforms. So, sectoral regulators retain jurisdiction over their own sectors. While in principle this avoids conflict, in practice there is an absence of formal escalation, referral or joint action between the CCPA and sectoral regulators. This appears to be producing an enforcement vacuum, where enforcement depends on which regulator chooses to act.

This lack of co-ordination is especially evident in the telecoms sector, where the Telecom Regulatory Authority of India (TRAI) has not taken any action, and the CCPA has reportedly not issued a single notice.

Towards consistent enforcement on dark patterns

By contrast, the Insurance Regulatory and Development Authority of India (IRDAI) directed insurers to assess compliance after consumers reported dark patterns, while the Securities and Exchange Board of India proposed aligning its advertising framework with the guidelines.

The CCPA has imposed monetary penalties despite companies taking steps to fix their interfaces, albeit after receiving notices, signalling that voluntary remediation is not a substitute for accountability.

In light of the above, and as 91视频 digital economy scales, it is yet to be seen whether the CCPA, along with other sectoral regulators, can move from case-by-case analysis to a more consistent and predictable enforcement framework.

Rishikaa is an associate partner, and Anindita Deb is an associate at ADP Law Offices