CCPA Cracks Down on Dark Patterns: PhysicsWallah Fined Rs. 5 Lakh, McAfee Penalised for Misleading Consumers

The Central Consumer Protection Authority (CCPA) has imposed penalties on edtech platform PhysicsWallah and cybersecurity company McAfee for using dark patterns that allegedly misled consumers and interfered with informed decision-making.

It is one of the strongest enforcement measures taken by the consumer watchdog since India's Dark Patterns Guidelines came into force in 2023.

PhysicsWallah Fined Rs. 5 Lakh for Misleading 'Free' Claims

The CCPA has imposed a penalty of Rs. 5 lakh on PhysicsWallah after finding that the company used misleading "free" claims on its platform. According to the authority, the edtech company also featured pre-ticked donation boxes during the checkout process which could influence consumers into making payments without consciously opting in.

The regulator stated that such design tactics are dark patterns because they can manipulate user choices. The authority has directed PhysicsWallah to immediately discontinue these practices and ensure compliance with consumer protection norms.

McAfee Penalised Over 'Accept Risk' Prompt

Cybersecurity software provider McAfee has also come under the scanner, with the CCPA imposing a penalty of Rs. 1 lakh for using a renewal interface that allegedly relied on manipulative design techniques.

The regulator found fault with McAfee's use of an "Accept Risk" option when users attempted to decline or modify subscription renewals. According to the CCPA, the wording constituted prohibited dark patterns such as "confirm shaming" and "interface interference."

Confirm shaming refers to tactics that guilt-trip or pressure users into selecting a particular option, while interface interference involves designing screens in a way that nudges consumers toward choices that benefit the company. McAfee has been instructed to discontinue the practice immediately.

What Are Dark Patterns?

Dark patterns are user interface designs that manipulate or mislead consumers into making choices they may not otherwise have made. These practices can include hidden costs, forced actions, misleading buttons, disguised advertisements, confirm shaming and pre-selected options.

To tackle such practices, the CCPA notified the Guidelines for Prevention and Regulation of Dark Patterns in November 2023 under the Consumer Protection Act, 2019. The guidelines prohibit 13 categories of dark patterns across digital platforms and online services.