India, June 3 -- The Government of India has issued a release:
S.No.
Provision
Nature of Violation
Section 2(9), Consumer Protection Act, 2019
Violation of consumer rights-impairment of free and informed decision-making
Section 2(28), Consumer Protection Act, 2019
Misleading advertisement- 'free courses' without disclosing mandatory registration conditions
Section 2(47), Consumer Protection Act, 2019
Unfair trade practice- basket sneaking, confirm shaming, forced action
Consumer Protection (E-Commerce) Rules, 2020
Rule 4(9): Automatic recording of consent through pre-ticked checkbox; Rule 4(3): Unfair trade practice
Dark Patterns Guidelines, 2023
Basket Sneaking, Confirm Shaming, Forced Action
S.No.
Provision
Nature of Violation
Section 2(28), Consumer Protection Act, 2019
Misleading advertisement: fear-based representation regarding necessity and consequences of non-renewal
Section 2(47), Consumer Protection Act, 2019
Unfair trade practice: deceptive and manipulative interface design promoting subscription renewals
Consumer Protection (E-Commerce) Rules, 2020
Rule 4(3): Unfair trade practice & Rule 4(9): Impaired explicit and affirmative consumer consent
Dark Patterns Guidelines, 2023
Confirm Shaming, Interface Interference, Trick Question, Forced Action
The Central Consumer Protection Authority (CCPA), headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, has imposed penalties on PhysicsWallah Limited and McAfee Software India Private Limited for using dark pattern practices that misled consumers and influenced their choices on digital platforms.
PhysicsWallah has been fined Rs.5 lakh, while McAfee has been fined Rs.1 lakh. Both companies have been directed to remove such practices from their platforms and ensure that consumers are able to make informed choices without pressure or manipulation.
The action has been taken under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
PhysicsWallah Limited: Pre-selected Donations and Misleading 'Free' Courses
CCPA took suo motu cognizance of certain practices on the PhysicsWallah platform and found that consumers were being influenced through interface designs that affected their ability to make free and informed choices.
What CCPA Found
Dark Patterns Identified
CCPA observed that:
Provisions Violated -PhysicsWallah
PhysicsWallah Limited has been directed to ensure that no dark patterns are deployed on any of its digital interfaces and pay a penalty of Rs.5,00,000.
McAfee Software India Private Limited: Subscription Renewal Interface Found Misleading
CCPA also examined McAfee's subscription renewal process and found that consumers were not provided with a neutral choice while deciding whether to renew their subscriptions.
Users were prominently shown two options - "Renew Now" and "Accept Risk" effectively portraying non-renewal as a risky decision.
What CCPA Found
Dark Patterns Identified
CCPA's Observations
CCPA noted that consumers should be able to make subscription decisions freely and without fear-based messaging or misleading design elements.The Authority found that the renewal interface used deceptive practices that could influence consumer decisions and amount to unfair trade practices.
Provisions Violated- McAfee
McAfee Software India Private Limited has been directed to ensure that no dark patterns are employed on its platform, website, application or any other digital interface and pay a penalty of Rs.1,00,000.
CCPA's Continued Action Against Dark Patterns
The Guidelines for Prevention and Regulation of Dark Patterns, 2023, were notified by CCPA on 30 November 2023 after extensive consultations with stakeholders.The Guidelines identify 13 dark patterns that are considered unfair trade practices, including Basket Sneaking, Confirm Shaming, Forced Action, Interface Interference and Trick Questions.
To strengthen compliance, CCPA issued an advisory on 5 June 2025 asking e-commerce companies and digital platforms to conduct self-audits and remove dark patterns from their interfaces.These orders underline CCPA's commitment to ensuring a fair, transparent and consumer-friendly digital marketplace. The Authority has reiterated that consumer consent must always be explicit, informed and free from manipulative design practices.
Final Orders may be accessed at: https://jagograhakjago.gov.in/CCPA_Orders/index.html
Disclaimer: Curated by HT Syndication.
