Drip Pricing on 11 of 26 platforms despite claiming to be dark-pattern free, LocalCircles finds

Multiple e-commerce platforms in India are still engaging in deceptive design tactics, despite claiming to be dark pattern-free, a recent audit by consumer community platform LocalCircles has revealed.

A total of 26 platforms submitted self-declarations to the Central Consumer Protection Authority (CCPA) about being dark pattern-free.

However, the audit following consumers’ complaints found that 21 of 26 platforms still have dark patterns, with Drip Pricing or Hidden Charge being the most prevalent. According to LocalCircles’ audit, 11 of the 26 platforms that claimed full compliance continued to use drip pricing, or hidden charges.

Other common dark patterns on platforms include forced access, subscription traps, bait and switch, basket sneaking, interface interference, and more.

The CCPA issued "Guidelines for Preventing and Regulating Dark Patterns" in November 2023, identifying 13 types of manipulative design, including fake urgency, basket sneaking, subscription traps, and confirm shaming.

According to these recommendations, using such products could be considered unfair trade practices under the Consumer Protection Act. The CCPA had requested that e-commerce companies do self-audits within three months in order to identify any deceptive practices. To review compliance, raise consumer knowledge, and track advancements, a Joint Working Group was established.

Since September, 26 prominent e-commerce companies have submitted self-declarations confirming conformity with the CCPA. They claim to have performed internal audits or hired third-party evaluators to ensure their interfaces are ’dark-page free.’

The CCPA praised this initiative and encouraged other programs to follow suit. They also highlighted that there is growing support for programs to eliminate dark patterns. LocalCircles' large-scale audits and consumer surveys reveal that 97% of India's roughly 300 most popular internet platforms still have dark patterns.

Forced Action (75%) is the most used manipulative practice, where an action is forced upon the consumer against their wishes and consent.

For example, consumers were made to purchase a Priority Pass to get higher discounts on phone purchases, only to find their order was cancelled and priority pass charges were non-refundable.

Drip Pricing (66%) is the second most common dark pattern, where platforms levy fees like convenience fees, platform fees, or handling fees at the last step without notification.

Despite some platforms removing Drip Pricing, 11 platforms still use it, including Flipkart, Myntra, Cleartrip, MakeMyTrip, BigBasket, Axelia, Netmeds, TATA 1mg, Zomato, Blinkit, and Ixigo, despite claiming to be dark pattern-free.