Dark Patterns As Unfair Trade Practices: Can Section 2(47) CPA 2019 Capture Manipulative Digital Designs?
- IJLLR Journal
- Jan 28
- 2 min read
Shadab Siddique, National University of Study and Research in Law, Ranchi.
ABSTRACT
One of the major threats to consumer autonomy in India's fast digital economy could be dark patterns i.e. manipulative user interface designs that exploit cognitive biases in such a way that consumers are completely tricked into doing the actions they do not want. This article examines if section 2(47) of the Consumer Protection Act, 2019 is defining "unfair trade practice" so narrowly as to exclude technologically advanced manipulative techniques. This study, through its textual analysis, use of behavioural economics concepts, and comparison of different legal systems, brings out that the broad term "unfair method or unfair or deceptive practice" covers dark patterns as systematic design strategies that deceive consumers and thus, violate their informed choice.
The article explains the different taxonomies of dark patterns, such as drip pricing, confirmshaming, forced continuity, and subscription traps, and demonstrates how each one exploits certain psychological vulnerabilities, the existence of which has been proven beyond doubt. The paper also assesses the statutory framework of the CPA 2019, applying the traditionally accepted interpretive principles which favour the legislative consumer protection acts being of remedial nature and thus needing to be construed in an expansive manner. Central to this examination are the Dark Patterns Guidelines 2023 issued by the Central Consumer Protection Authority which very clearly identifies thirteen specified manipulative practices as unfair trade practices within the meaning of Section 2 (47).
Consequently, the comparative analysis of the regulatory strategies of the European Union, the United States, and the United Kingdom suggests that the locations where there are explicit statutory prohibitions are usually more legally structured and thus have more effective mechanisms for deterrence. Besides, even though Section 2(47) offers a basis capable of addressing dark patterns, the study conjectures that an explicit statutory provision would dispel interpretative ambiguities and trigger enforcement activities at a higher level.
