Indian consumers continue to lose out anywhere in between $25,000 Crores ($2.6 Billion) and $28,000 crore ($2.9 billion) annually for deceptive design practices, with enforcement struggling to keep up, according to a new industry report.
The report estimated that dark patterns, tactics that lead users to make purchases they did not intend to make, are also approaching this. $Rs 55,000 crore gross merchandise value (GMV) is at risk as frustrated users cut spending, switch platforms or abandon purchases altogether.
The report, issued by market research firm Datum Intelligence, linked the annual economic footprint of dark patterns to $80,000 to 83,000 crore, equivalent to about 7.5 to 7.8% of India’s digital commerce market, which is expected to rise to $266 billion by 2030.
She said dark patterns may become an integral part of everyday online transactions unless compliance and enforcement improve significantly.
These findings come more than two years after the Central Consumer Protection Authority (CCPA) notified guidelines prohibiting 13 categories of dark patterns, including false solicitation, basket creep, drip pricing, and subscription traps.
In November last year, the government announced that 26 leading e-commerce platforms had voluntarily submitted self-certification letters confirming their compliance with the 2023 Dark Pattern Prevention and Regulation Guidelines.
But the report, titled ‘Dark Patterns in India’s E-Markets’, said compliance remains weak across India’s e-markets.
The report examined 12 major online platforms across e-commerce, express commerce and travel booking services and created a “Benchmarking Index” or B-Index that combines the frequency of dark mode encounters with the financial losses reported by users and the resulting impact on consumer confidence.
The ratings indicate that not all platforms cause the same level of damage, even if they use similar tactics.
The report is based on a survey of 2,596 consumers in 50 Indian cities who actively use e-commerce, express commerce or online travel platforms.
Flash trade emerged as the sector with the highest overall risk score, driven largely by practices such as false importunity, complaining, and coercive measures. Meanwhile, online travel platforms scored highest on payment-related tactics such as drip pricing, basket creep, and subscription traps.
The report certainly does not prove that some companies committed more regulatory violations than others. Its rating reflects consumer perceptions and the report’s “B-Indicator” methodology, not the regulator’s findings.
The paradox of consciousness
The report noted that while 81% of participants said they could recognize a dark pattern when displayed, 85% still admitted they had been misled by such practices. This is because consumer awareness alone is not enough when platforms are constantly improving interfaces, default settings and payment flows to influence user behaviour.
“Knowing the trick does nothing to slow down payment flow that has been optimized against you,” the report said.
It also highlighted significant shortcomings in handling consumer complaints.
More than half of participants said they filed complaints after discovering a dark pattern, but only 23% reported a satisfactory resolution, she said.
The report noted that the first financial penalty under the dark mode framework in India was imposed only in December 2025, when a flash trading platform was fined. $7 lakh for drip and basket infiltration pricing.
According to the report, the gap between the guidelines notification in November 2023 and the first sanction highlights a broader implementation challenge.
“India lacks all three pillars of enforcement. Audits: Platforms classify themselves… Sanctions: The $The 50 liter limit is about 1/200 of what one dark pattern earns in a year. “Accountability: No single regulator has the capacity to enforce,” the report said, recommending independent audits, public disclosure of platform results, and tougher penalties linked to corporate turnover, similar to methods adopted in parts of Europe.
