CCPA Imposes Penalties on PhysicsWallah and McAfee for Dark Pattern Practices
The Central Consumer Protection Authority (CCPA) has imposed penalties on PhysicsWallah Limited (PhysicsWallah) and McAfee Software India Private Limited (McAfee) for deploying dark pattern practices that misled consumers and influenced their decisions on digital platforms.
The CCPA, headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, passed the orders under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
PhysicsWallah has been fined ₹5,00,000, while McAfee has been fined ₹1,00,000. Both companies have also been directed to remove such practices from their digital platforms and ensure consumers can make informed decisions without manipulation or undue pressure.
1. PhysicsWallah: Pre-selected Donations andMisleading “Free” Courses
The CCPA took suo motu cognizance of certain practices on the PhysicsWallah platform and found that consumers were influenced through interface designs that impaired their ability to make free and informed choices.
Penalty and Directions
PhysicsWallah has been directed to remove all dark patterns from its digital interface and pay a penalty of ₹5,00,000.
| Sl. No. | Legal Provision | Nature of Violation |
|---|---|---|
| 1 | Consumer Protection Act, 2019 – Section 2(9) | Violation of consumer rights by impairing free and informed decision-making. |
| 2 | Consumer Protection Act, 2019 – Section 2(28) | Misleading advertisement by promoting “free courses” without disclosing mandatory registration requirements. |
| 3 | Consumer Protection Act, 2019 – Section 2(47) | Unfair trade practices including Basket Sneaking, Confirm Shaming, and Forced Action. |
| 4 | Consumer Protection (E-Commerce) Rules, 2020 – Rules 4(3) & 4(9) | Automatic recording of consumer consent through pre-selected options and unfair trade practices. |
| 5 | Dark Patterns Guidelines, 2023 | Basket Sneaking, Confirm Shaming, and Forced Action. |
CCPA Findings
| Findings | Dark Pattern | CCPA Observation |
|---|---|---|
| ₹10 donation to the PW Foundation was automatically added during checkout without explicit consumer consent. | Basket Sneaking | Consumer consent must always be explicit and affirmative. |
| Emotional messages relating to children’s education, healthcare, and marriage encouraged users to retain the donation. | Confirm Shaming | Consumers should not be emotionally pressured while making purchase decisions. |
| Courses advertised as “free” required users to provide their mobile number and email address. | Forced Action | Mandatory data collection was not essential since the same content was available across accounts. |
| The “free” claim failed to disclose mandatory registration and data-sharing requirements. | Misleading Advertisement | Consumers must receive complete and transparent information before making decisions. |
| Large number of users on the platform were students, including minors. | Consumer Protection Concern | Such practices are particularly harmful when directed at vulnerable users. |
2. McAfee: Subscription Renewal Interface Found Misleading
The CCPA examined McAfee’s subscription renewal interface and observed that consumers were not provided with a neutral choice while deciding whether to renew their subscription.
Users were prominently presented with two options: “Renew Now” and
“Accept Risk”, creating the impression that choosing not to renew would expose them to cybersecurity threats.
Penalty and Directions
McAfee has been directed to remove all dark patterns from its website, applications, and other digital interfaces and pay a penalty of ₹1,00,000.
| Sl. No. | Legal Provision | Nature of Violation |
|---|---|---|
| 1 | Consumer Protection Act, 2019 – Section 2(47) | Unfair trade practices. |
| 2 | Consumer Protection (E-Commerce) Rules, 2020 – Rules 4(3) & 4(9) | Unfair trade practices and automatic consent mechanisms. |
| 3 | Dark Patterns Guidelines, 2023 | Confirm Shaming, Interface Interference, Trick Question, and Forced Action. |
CCPA Findings
| Findings | Dark Pattern | CCPA Observation |
|---|---|---|
| The phrase “Accept Risk” implied users would face cybersecurity threats if they did not renew. | Confirm Shaming | The company could not justify or guarantee such claims. |
| The renewal option was given greater visual prominence. | Interface Interference | Consumers must be provided with a neutral and balanced choice. |
| Emotionally loaded wording was used instead of a neutral option. | Trick Question | Consumers should not be influenced through confusing language. |
| No clearly visible and neutral opt-out option was provided. | Forced Action | Consumers must be free to make subscription decisions without manipulation. |
| The renewal interface influenced consumer decisions through deceptive design. | Unfair Trade Practice | Subscription choices should be made freely without fear-based messaging. |
Dark Patterns Recognized by CCPA
The Guidelines for Prevention and Regulation of Dark Patterns, 2023,
issued on 30 November 2023, identify 13 dark patterns that are considered unfair trade practices, including:
- Basket Sneaking
- Confirm Shaming
- Forced Action
- Interface Interference
- Trick Questions
CCPA Advisory to E-commerce Platforms
On 5 June 2025, the CCPA issued an advisory directing all e-commerce
platforms and digital service providers to conduct self-audits and eliminate dark patterns from their user interfaces.
The advisory requires all platforms to complete their self-audit within three months and reiterates that consumer consent must always be explicit, informed, and free from manipulative design practices.
Final Orders
The CCPA’s final orders can be accessed at:
https://jagograhakjago.gov.in/CCPA_Orders/index.html
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