e-Commerce: The New Boom

Dark Pattern Sales by Airlines deemed ‘Cybercrime’

dark patterns

Central Idea

  • Due to complaints of deceptive practices by airlines and online travel agents, the Indian Ministry of Civil Aviation has urged IndiGo to fix its website, which a government official termed a Dark Pattern “cybercrime.”

“Dark Patterns” in Airline Practices

  • Deceptive Techniques: Airlines and online portals have been accused of employing “dark patterns” in their user interfaces, which manipulate consumers into purchasing products they did not intend to buy.
  • Consumer Affairs Secretary’s Stance: The Consumer Affairs Secretary, Rohit Kumar Singh, defines “dark patterns” as tactics nudging consumers into unintended purchases, constituting unfair trading practices and possibly cybercrimes.
  • Pervasive Issue: Approximately 10,000 complaints related to these practices have been lodged with the Ministry via the National Consumers Helpline over the past eight to nine months.

Manipulating Seat Selection

  • IndiGo’s Practice: IndiGo Airlines, for instance, employs a tactic known as “false urgency,” creating a sense of urgency by implying that consumers must pay an extra fee (₹99 to ₹1,500) for seat selection during booking, portraying all free seats as unavailable.
  • Transparency Issue: Passengers are not adequately informed that they will be auto-assigned free seats if they choose not to pay the extra fee.
  • Obfuscation: The “skip” option, although present, is inconspicuously located, demonstrating “interface interference.”

Additional Unfair Practices

  • SpiceJet’s Pressure for Insurance: SpiceJet’s website pressures passengers to purchase travel insurance by using alarming phrases like “I will risk my trip” if they opt out, playing on passengers’ fears.
  • “Basket Sneaking” by MakeMyTrip: MakeMyTrip adds a convenience fee when customers reach the payment gateway after booking, a practice known as “basket sneaking.”

Draft Guidelines and Regulatory Perspective

  • Ministry of Consumer Affairs Guidelines: These dark patterns have been defined in the draft guidelines released by the Ministry of Consumer Affairs in September.
  • DGCA’s Stance: The Directorate General of Civil Aviation (DGCA) permits “unbundling” airfares but emphasizes that these services must be offered on an “opt-in” basis, with clear descriptions without ambiguity.
  • Parliamentary Committee Report: A parliamentary committee report urges transparency in seat-wise airfares, fair pricing mechanisms to ensure reasonable profit margins, and effective grievance redressal mechanisms.

Conclusion

  • The crackdown on deceptive airline practices by the Indian Ministry of Civil Aviation signifies a push for transparency and fairness in the airline industry.
  • The rise of “dark patterns” and other misleading tactics in online booking processes has raised concerns about consumer exploitation and cybercrimes.
  • As the government takes action to address these issues, passengers may expect a more equitable and transparent air travel experience in the future.

Tap to read more about:

India’s Draft Guidelines on Dark Patterns


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