DARK PATTERNS AND BEHAVIOURAL MANIPULATION IN DIGITAL MARKETPLACES

Abstract

In the hyper and competitive arena of digital marketplaces and dark patterns it is a deceptive interface designs that exploit cognitive vulnerabilities that have become insidious tools of behavioral manipulation, eroding consumer autonomy and skewing market dynamics. The CCPA Guidelines for Prevention and Regulation of Dark Patterns 2023 prohibit 13 patterns including subscription traps and disguised ads under section 3,4, and 5. In digital marketplaces where platforms such as amazon, flipkart, and meesho deploy tactics like drip pricing, false urgency, basket sneaking, and confirm shaming to drive unintended consumer actions. The Consumer Protection Act 2019 defines the unfair trade practices under section 2(47). Section 4 of the Competition Act 2002 provides that dark patterns enabling behavioral lock-in that can distort the competition which is to be seen in CCI probes against amazon and flipkart. In India while the CCPA fines remain modest relative to Big Tech revenues, global benchmarks offer sharper tools like the EU Digital Services Act article 25 of it which bans dark patterns outright with fines up to 6% of global turnover. The CCPA in June 2025 mandated the self-audits across 50+ platforms with compliance declaration. The National Cyber and AI Center framework has introduced risk-based AI assurance that is targeting manipulative nudges in digital marketplaces while harmonizing with India AI missions. It advocates a unified digital fairness authority with mandatory behavioral audits, public pattern registries, and turnover that is linked with the penalties to deter A/B tested manipulations that is ensuring platforms prioritize ethical design over exploitative nudges.