A few days ago, Sarojini Aunty, a senior citizen, came across an advertisement for Kayani biscuits on the Swad India website. Since she stays in Jaipur, while Kayani's bakery, famous for its biscuits and cookies, is located in Pune, she happily placed an order for the biscuits. Once the payment was made, Swad India stopped responding to her messages on WhatsApp, emails and phone calls. It has been over 10 days and Sarojini Aunty is clueless about whether her order will ever be delivered, if at all.
In another case, Prashant, a friend, decided to buy a mobile from Amazon. He placed the order and paid the money. The mobile was expected to be delivered the next day. It was never delivered, although he could track the delivery status until it reached the final delivery point. Assuming there were some issues with the delivery partner, Prashant cancelled the order, received a refund and placed another order for a different brand of mobile. The same thing happened again.
What Prashant has gone through is not a rare and singular incident. I have had the same experience with Flipkart. What was more shocking is that in my case, Flipkart had collected my old mobile in exchange but never delivered the new one. What is worse, every time I contacted Flipkart, a new customer care(!) executive told me to wait for 24 hours (further) for a resolution. One executive even had the audacity to say that no seniors or supervisors were available for that working shift!
After over 80 hours of follow-up (from the time the mobile reached the final delivery point), one customer care executive finally called and urged me to accept a refund since their delivery partner could not deliver the order due to 'technical issues'. With no option, I allowed them to cancel the order. However, Flipkart wasn't done with playing games. They deducted Rs192 while refunding the money without explaining why. Till date, they have not provided any reason for this deduction.
These are just three examples of hundreds of cases where customers are being taken for a ride while shopping online.
Most shopping apps and websites indulge in deceptive app designs, often called 'dark patterns'. These are tactics used to manipulate users into taking actions they might not have intended, frequently benefiting the app developers at the user's expense.
A study by the Advertising Standards Council of India (ASCI) in collaboration with design firm Parallel HQ found that 52 of the top 53 apps have deceptive UI (user interface) or UX (user experience) practices that can mislead or trick users into doing something they originally did not intend or want to do.
The study says these problematic apps have been downloaded 21bn (billion) times and flagged the impact on consumer behaviour because of such practices. The apps scrutinised in the study include e-commerce apps like AJIO, Amazon, Flipkart, Myntra, Meesho, Nykaa Tata Cliq, and tira. From delivery and logistics apps like blinkit, Zomato, Swiggy, and Zepto and cab apps such as Ola, Uber, Rapido and InDrive were tested.
It found 12 deceptive patterns implied by these 53 apps, including privacy deception, interface interference, drip pricing, false urgency, nagging, bait & switch, basket sneaking, forced action, confirm shaming, subscription trap, trick questions and disguised ads.
The study observed that the highest instances of deceptive patterns were in purchasing, subscribing and booking flows. "Of the 43 applications that exhibited at least one deceptive pattern in settings or profile, 40 were related to data privacy and security settings."
I have observed Flipkart using the most deceptive pricing practices, especially for mobiles. For example, the app shows an iPhone 14 Plus priced at 'Just Rs55,499'. However, when you open it, the price increases to Rs56,499. Flipkart has no justification for the increase in price on the next screen. (check the image below)
The ASCI and Parallel study says deceptive app designs or dark patterns prioritise business interests over user autonomy, potentially leading to financial losses or compromising users' online privacy and security. "The research findings helped us create a resource for makers to build digitally conscious products," the study says.
Last year, the central consumer protection authority (CCPA) notified guidelines to regulate dark patterns, safeguarding consumer interests and promoting a fair and transparent marketplace, especially in the increasingly expanding and penetrative digital space.
The absence of a penalty clause has kept the guidelines toothless and irrelevant, as seen from the examples I have shared above.
In today's digital world, mobile apps play a crucial role in banking, commerce, statutory filing, entertainment and social media. However, not all apps are designed with user-friendly intentions. This is where it becomes challenging for a common user to identify and protect from dark patterns.
While there is no fixed or permanent solution for cheating by deception designs or dark patterns used by online marketplaces, here are a few suggestions that you can follow.
• Read reviews and ratings: Before downloading an app, check the reviews and ratings on the app store. Pay attention to negative reviews as they can often highlight common issues with the app, including deceptive practices.
• Understand and be careful while granting permissions: Be cautious of apps that request more permissions than necessary. For example, a flashlight app should not need access to your contacts or location. Similarly, a shopping app should not ask permission to access your contacts. Therefore, always review all permissions before granting them.
• Use app store protections: Both Google Play Store and Apple App Store have measures in place to protect users from deceptive apps. You can report any suspicious apps.
• Review subscription details: When signing up for free trials or subscriptions, take the time to read all the terms and conditions (T&C). Note any charges that will apply after the trial period and mark the cancellation deadline on your calendar.
• Use inbuilt privacy tools: Utilise privacy tools and settings available on your mobile device to limit data sharing. Both iOS and Android offer options to restrict apps' access to certain data.
• Stay informed: Keep up to date with news on app security and deceptive practices.
• Educate yourself: Learn about common dark patterns and deceptive practices. The more you know about these tactics, the better equipped you will be to spot them.
• Trust your instincts: If something feels off or too good to be true, it probably is. Trust your instincts and avoid impulse buying on that app which seem suspicious.
While deceptive app designs can be challenging to spot, being aware of common tactics and taking proactive steps can help protect you from falling victim to these schemes. By staying informed and vigilant, you can ensure a safer and more enjoyable digital experience.
Stay Alert, Stay Safe!
