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CCPA has fined PhysicsWallah Rs 5 Lakh, McAfee Rs 1 Lakh for dark patterns on digital platforms. The action was 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. CCPA, headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, said the practices interfered with consumers' ability to make free and informed choices.
In PhysicsWallah's case, CCPA took suo motu cognizance and found three violations. A 10 donation to the PW Foundation was automatically pre-selected during checkout without explicit consent, which CCPA termed "Basket Sneaking." Emotional messages related to children's education, healthcare and marriages were used to discourage users from removing the donation, identified as "Confirm Shaming." Courses advertised as "free" could only be accessed after users shared personal details like mobile number and email, though CCPA found the content remained the same across accounts, making mandatory data collection unnecessary. This was classified as "Forced Action." CCPA observed that "consumer consent cannot be assumed through pre-selected options and must always be obtained through a clear and affirmative action," and that advertising courses as "free" without disclosing mandatory registration was misleading. Since a large number of users are students, including minors, the Authority flagged serious consumer protection concerns. PhysicsWallah was found to have violated Section 2(9), 2(28) and 2(47) of the Consumer Protection Act, relevant e-commerce rules, and the Dark Patterns Guidelines. McAfee Software India was penalised for its subscription renewal interface. Users were shown "Renew Now" and "Accept Risk" as the two prominent options, with the latter suggesting cybersecurity threats if they did not renew. CCPA said the design created pressure to continue subscriptions through "Confirm Shaming," "Interface Interference," "Trick Question" and "Forced Action." The Authority noted consumers should be able to decide freely without fear-based messaging. McAfee violated provisions on misleading advertisement and unfair trade practice under the Act and e-commerce rules. CCPA reiterated that its Guidelines notified on 30 November 2023 identify 13 dark patterns as unfair trade practices. It had also issued an advisory on 5 June 2025 asking e-commerce platforms to conduct self-audits and remove such designs. The Authority stressed that consumer consent must always be explicit, informed and free from manipulative practices. (ANI)
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