Airlines' Manipulative Dark Patterns declared as Cybercrime by Indian Government

Table of Contents

Dark Patterns by Airlines?

Consumer complaints about deceptive practices by airlines and travel portals
Consumer Affairs Secretary terms it a cybercrime
Ministry urges IndiGo to fix its website accused of using dark patterns

Dark patterns by airlines and online travel portals have come under scrutiny recently due to numerous consumer complaints about deceptive practices. An analysis by a leading media house in India uncovered the widespread use of manipulative dark patterns on airline websites, apps, and online booking platforms. These exploitative tactics trick customers into purchasing additional services or products they did not intend to buy. In light of over 10,000 related complaints lodged with the National Consumer Helpline, the Consumer Affairs Secretary denounced such exploitative practices as unfair trade and possible cybercrimes.

Consequently, the Ministry of Civil Aviation directed IndiGo, whose website was found to employ misleading dark patterns like false urgency and interface interference in the seat selection process, to rectify its site. The ministry’s stern stance highlights the government’s push towards protecting consumer interests and ensuring transparency in airline booking procedures in the face of rising complaints about intentional exploitation through dark patterns.

Overview

Key Takeaways on Dark Patterns in Air Travel Industry

Sections	Details
Widespread Complaints Trigger Action	Over 10,000 complaints lodged with National Consumer Helpline Analysis uncovers dark patterns on airline, travel websites and apps Consumer Affairs Secretary terms it a cybercrime
Dark Patterns: Definition and Examples	Deceptive designs exploiting biases and behaviors False urgency, confirm shaming, subscription traps Used by Amazon, LinkedIn, travel companies 95% of 240 popular apps found using dark patterns
Guidelines Target Air travel Industry	Draft guidelines introduced in September 2023 Define and prohibit 10 types of dark patterns Applicable to all platforms, advertisers, sellers in India
Enforcement Challenges	Proof of intent difficult Claims like “2 rooms left” may be genuine sometimes
Case Study: IndiGo’s Dark Patterns	False urgency and lack of transparency in seat selection Inconspicuous ‘skip’ button demonstrates interface interference
Other Examples of Unfair Practices	SpiceJet’s fear appeals for insurance purchase MakeMyTrip’s covert fees at payment
Government’s Push for Transparency	Guidelines and regulations by Consumer Affairs Ministry DGCA rules emphasize transparent ancillary purchase options Parliamentary committee recommends grievance redressal systems
Key Takeaway	10,000+ complaints trigger crackdown on exploitative practices Guidelines introduced to eliminate dark patterns from air travel industry Enforcement challenges remain to ensure compliant practices

What are Dark Patterns?

Dark patterns are tricks used on websites and apps to make you buy or do things you did not want to. Companies use dark patterns to benefit themselves, not you.

Let us look at some examples of dark patterns:

False urgency – This makes you feel like you have to act fast. For example, a message saying “Hurry! Only 2 hotel rooms left!”. Even if you don’t act fast, the rooms are still available.
Basket sneaking – This adds extra things to your cart without asking you. For example, when buying a flight ticket, extra travel insurance gets added to the cart.
Confirm shaming – This uses words to make you feel bad. For example, “Are you sure you want to lose points by skipping this offer?”.
Big companies like Amazon and LinkedIn also use dark patterns. For example, Amazon makes it very tricky to cancel Prime membership. LinkedIn keeps sending sponsored messages that are tough to turn off.

Dark patterns work by taking advantage of how our brain thinks. They exploit biases and behaviors people commonly have. For instance, the “false urgency” pattern exploits the fear of missing out. The “confirm shaming” pattern exploits the desire to avoid feeling guilty. That is why these tricks can make people buy or do things they normally would not.

Dark pattern sales deemed cybercrime in India

Regulation of Dark Patterns in India

The government of India wants to stop companies from using dark patterns to trick users. So the Ministry of Consumer Affairs has created some new draft guidelines in Sep 2023.

These guidelines explain what dark patterns are. They also say who has to follow these rules. The rules will apply to all companies, sellers, and advertisers who sell things in India.

The guidelines give definitions and examples of different dark patterns:

False urgency – Saying things like “Hurry, sale ends today!” even if it doesn’t end.
Subscription trap – Making it very hard to cancel subscriptions.
Interface interference – Designing the website interface to highlight some things and hide other things. The guidelines say that companies should not use these and other dark patterns.

Case Study: IndiGo’s Use of Dark Patterns

False urgency in seat selection
Lack of transparency around auto-assigning free seats
Inconspicuous ‘skip’ option demonstrates interface interference

IndiGo airline was using dark patterns on their website when people booked flights.

When picking seats, IndiGo would say things like “Hurry! Only 5 seats left at this price!” even if it was not true. This is false urgency dark pattern.

IndiGo also did not properly tell users that they can get free seats if they don’t pay extra for seat selection. This lack of transparency is also a dark pattern.

The ‘skip’ button to skip seat selection was hidden in a tricky way on the site. This is called interface interference dark pattern.

Additional Examples of Unfair Practices

SpiceJet’s use of fear appeals for insurance purchase
MakeMyTrip’s ‘basket sneaking’ of fees at payment

Some Other Examples of Unfair Practices:

SpiceJet scares people into buying travel insurance by saying they are “risking their trip”. MakeMyTrip sneakily adds fees at final payment which were not shown before.

Regulatory Perspective

Guidelines by Ministry of Consumer Affairs
DGCA rules on unbundling and transparency
Parliamentary committee report recommendations

The government has created guidelines to stop dark patterns. These apply to all companies and sellers in India.

The aviation authority DGCA says companies must be transparent when offering extra services with flights. Customers should be able to “opt in” to these services without tricks.

A parliamentary committee said flight prices should be clear. Companies should have fair profit margins. There should be good systems to help customers with issues.

Final Thoughts

Crackdown signifies move towards fairness in airlines
Rise of dark patterns raises consumer protection concerns
Steps by government to ensure transparency in bookings

The Indian government’s crackdown on airlines’ use of exploitative dark patterns marks a significant push towards fairness and transparency in airline booking processes. The proliferation of misleading tactics like false urgency and interface interference on travel websites has raised serious concerns about intentional manipulation of consumers. In light of numerous complaints, the action by the Ministry of Civil Aviation underscores the government’s commitment to safeguarding consumer interests and rights.

By compelling airlines like IndiGo to remove manipulative dark patterns from their platforms, introducing draft guidelines targeting such practices, and emphasizing transparent ‘opt-in’ mechanisms for ancillary purchases, the government is taking steps to protect citizens from deceptive exploitation by the airline industry. However, effective enforcement of regulations and ensuring compliant practices by all travel operators remain critical challenges in successfully eliminating unethical dark patterns from the sector in the future.