Extracted Data Points

Central Consumer Protection Authority Action

  • Headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra
  • Action taken under Consumer Protection Act, 2019
  • Action taken under Consumer Protection (E-Commerce) Rules, 2020
  • Action taken under Guidelines for Prevention and Regulation of Dark Patterns, 2023
  • Guidelines were notified on 30 November 2023 after extensive consultations with stakeholders
  • Guidelines identify 13 dark patterns as unfair trade practices
  • CCPA issued advisory on 5 June 2025 asking e-commerce companies to conduct self-audits

PhysicsWallah Limited Case

  • Penalty imposed: ₹5,00,000
  • Violations found: Pre-selected donation of ₹10 to PW Foundation automatically added during checkout without explicit consent
  • Emotional messages shown related to children's education, healthcare and marriages to encourage keeping donation
  • Courses advertised as "free" required sharing personal information (mobile number and email address) for access
  • Content remained same across user accounts, indicating mandatory data collection was not essential
  • Dark patterns identified: Basket Sneaking, Confirm Shaming, Forced Action
  • Specific violations:
  • Section 2(9), Consumer Protection Act, 2019 - Violation of consumer rights impairing free and informed decision-making
  • Section 2(28), Consumer Protection Act, 2019 - Misleading advertisement for 'free courses' without disclosing mandatory registration conditions
  • Section 2(47), Consumer Protection Act, 2019 - Unfair trade practice through basket sneaking, confirm shaming, forced action
  • Consumer Protection (E-Commerce) Rules, 2020 Rule 4(9) - Automatic recording of consent through pre-ticked checkbox
  • Consumer Protection (E-Commerce) Rules, 2020 Rule 4(3) - Unfair trade practice
  • Dark Patterns Guidelines, 2023 - Basket Sneaking, Confirm Shaming, Forced Action
  • Company directed to ensure no dark patterns are deployed on any digital interfaces

McAfee Software India Private Limited Case

  • Penalty imposed: ₹1,00,000
  • Violations found: Subscription renewal process showed two options - "Renew Now" and "Accept Risk"
  • Phrase "Accept Risk" suggested cybersecurity threats if subscription not renewed
  • Interface design created pressure on consumers to continue subscriptions
  • Dark patterns identified: Confirm Shaming, Interface Interference, Trick Question, Forced Action
  • Specific violations:
  • Section 2(28), Consumer Protection Act, 2019 - Misleading advertisement through fear-based representation regarding necessity and consequences of non-renewal
  • Section 2(47), Consumer Protection Act, 2019 - Unfair trade practice through deceptive and manipulative interface design promoting subscription renewals
  • Consumer Protection (E-Commerce) Rules, 2020 Rule 4(3) - Unfair trade practice
  • Consumer Protection (E-Commerce) Rules, 2020 Rule 4(9) - Impaired explicit and affirmative consumer consent
  • Dark Patterns Guidelines, 2023 - Confirm Shaming, Interface Interference, Trick Question, Forced Action
  • Company directed to ensure no dark patterns are employed on platform, website, application or any digital interface