Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

The author in this article explores the emergence of “Dark Patterns” in the Indian digital market and the efforts by the Department of Consumer Affairs (DCA) to combat deceptive online practices through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Dark Patterns are defined as deceptive user interfaces aimed at coercing consumers into unfavorable choices. The guidelines identify specific practices falling under this category and link them to violations such as misleading advertisements, unfair trade practices, or infringement of consumer rights as outlined in the Consumer Protection Act, 2019. The essay analyzes how dark patterns can be assessed within the framework of unfair trade practices, emphasizing non-disclosure, deceptive practices, and the imposition of unilateral e-contracts. The broader interpretation of these guidelines is advocated to address evolving digital markets, ensuring consumer protection by evaluating online practices against identified features of dark patterns. Continue reading Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

CCPA Service Charge Guidelines: The Need for Refurbishment

The CCPA, via its notice, dated 4th July 2022, issued various guidelines that barred the addition of service charges in the food bills of restaurants/hotels without the consent of the consumers. Consumer law is at a very nascent stage, despite the first Act coming over 30 years ago, and needs more attention from both the government and the legal fraternity. Continue reading CCPA Service Charge Guidelines: The Need for Refurbishment