Dangerous/hazardous/unsafe goods
Penal provisions (U/s 20 of the Act) | Causes False/misleading advertisements | Penal provisions (U/s 21 of the Act) | Default/No injury | Fine up to Rs. 100 k with imprisonment up to 6 months | Harmful to consumer or contravention of consumer rights | Directives to trader, manufacturer, endorser, advertiser, or publisher to discontinue such an advertisement, or modify it in a manner specified by the authority, within a given time |
Depending on gravity of concern, fine up to Rs 1 million with imprisonment up to 2 years on the manufacturer or endorser |
With injury | Fine up to Rs. 300 k with imprisonment up to 1 year | Subsequent offense | Fine up to Rs 5 million with imprisonment up to 5 years on the manufacturer or endorser |
Grievous injury | Fine up to Rs. 500 k with imprisonment up to 1 year | Subsequent violations | Ban up to 1 year and extendable up to 3 years for repeated violations |
Death | Fine up to Rs. 500 k with imprisonment up to 7 years extendable to life imprisonment |
Redress Mechanism
The provisions laid down in Sect. 28 through Sect. 73 deal with various aspects of the consumer dispute redress system. The new Act has changed the District Consumer Dispute Redressal Forum terminology to the District Consumer Dispute Redressal Commission. The pecuniary jurisdiction of filling complaints in the three-tier consumer courts at the District, State and National level has increased (Table (Table5). 5 ). For better understanding, Fig. 6 shows a diagrammatic picture of the judicial system of dispute settlement.
Grievance redress mechanism
The Act, 2019 provides a dispute settlement mechanism through the mediation process in case of compromise at the acceptance point of the complaint or some future date on mutual consent (Sec 37). A mediation cell would operate in each city, state, national commission, and regional bench to expedite redress. Section 74 through 81 of the Act lays down the detailed procedure. Section 81(1) maintains that no appeal lies against the order passed by Mediation, implying that the redress process at the initial stage would be speedy, impacting both the consumers and service providers.
Consumer Protection (E-Commerce) Rules, 2020
The Consumer Protection (E-Commerce) Rules, 2020, notified under the Consumer Protection Act, 2019 on 23 July 2020, aims to prevent unfair trade practices and protect consumers' interests and rights in e-commerce.
Applicability (Rule 2)
The Rules apply to:
- i. Both products and services acquired or sold through automated or electronic networks;
- ii. All models of e-commerce retail;
- iii. All the e-commerce entities, whether they have inventory or market place model. The inventory-based model includes an inventory of goods and services owned by an e-commerce entity and directly sold to consumers [Rule 3(1) f]. In the marketplace model, an e-commerce entity has an information infrastructure platform on a digital and electronic network that facilitates the consumer and the seller. [Rule 3(1)g];
- iv. All aspects of unfair trading practise in all models of e-commerce; and
- v. An e-commerce entity is offering goods or services to consumers in India but not established in India.
General Duties of E-commerce Entities (Rule 4)
The duties of e-commerce entities are:
- i. An e-commerce entity must be a company incorporated under the Companies Act.
- ii. Entities must appoint a point of contact to ensure compliance with the Act.
- iii. They have to establish an adequate grievance redress mechanism; they would appoint a grievance officer for this purpose and display his name, contact details, and designation of their platform. He would acknowledge the complaint's receipt within 48 h and resolve the complaint within a month from receipt of the complaint.
- iv. If they are offering imported goods, the importers’ names and details from whom the imported goods are purchased, and the sellers’ names are to be mentioned on the platform.
- v. They cannot impose cancellation charges on consumers unless they bear similar costs.
- vi. They have to affect all payments towards accepted refund requests of the consumers within a reasonable period.
- vii. They cannot manipulate the goods' prices to gain unreasonable profit by imposing unjustified costs and discriminating against the same class of consumers.
Liabilities of Marketplace E-commerce Entities (Rule 5)
The liabilities of marketplace e-commerce entities include the following:
- i. The marketplace e-commerce entity would require sellers to ensure that information about goods on their platform is accurate and corresponds with the appearance, nature, quality, purpose of goods.
- ii. They would display the following information prominently to its users at the appropriate place on its platform:
- • Details about the sellers offering goods-principal geographic address of its headquarters and all branches and name and details of its website for effective dispute resolution.
- • Separate ticket/docket/complaint number for each complaint lodged through which the user can monitor the status of the complaint.
- • Information about return/refund/exchange, warranty and guarantee, delivery and shipment, payment modes and dispute/grievance redress mechanism.
- • Information on the methods of payment available, the protection of such forms of payment, any fees or charges payable by users.
- iii. They would make reasonable efforts to maintain a record of relevant information allowing for the identification of all sellers who have repeatedly offered goods that were previously removed under the Copyright Act/Trademarks Act/Information Technology Act.
Sellers’ Duties on the Marketplace (Rule 6)
The duties of sellers on the market encompass:
- i. The seller would not adopt any unfair trade practice while offering goods.
- ii. He should not falsely represent himself as a consumer and post-product review or misrepresent any products' essence or features.
- iii. He could not refuse to take back goods purchased or to refund consideration of goods or services that were defective/deficient/spurious.
- iv. He would have a prior written contract with the e-commerce entity to undertake sale.
- v. He would appoint a grievance officer for consumer grievance redressal.
- vi. He would ensure that the advertisements for the marketing of goods or services are consistent with the actual characteristics, access and usage conditions of goods.
- vii. He will provide the e-commerce company with its legal name, the primary geographic address of its headquarters and all subsidiaries/branches, the name and details of the website, e-mail address, customer contact details such as faxes, landlines and mobile numbers, etc.
Duties and Liabilities of Inventory E-commerce Entities (Rule 7)
As in the inventory-based model, inventory of goods and services is owned and sold directly to consumers by e-commerce entities, so inventory e-commerce entities have the same liabilities as marketplace e-commerce entities and the same duties as marketplace sellers.
The Act 2019 has several provisions for regulating e-commerce transactions with safety and trust. Since the Act is new, it would be premature to comment on its operational aspects and effectiveness. In a recent judgement in Consumer Complaint No 883 of 2020 ( M/s Pyaridevi Chabiraj Steels Pvt. Ltd vs National Insurance Company Ltd , the NCDRC 21 has proved the Act's operational effectiveness by deciding the maintainability of a claim's jurisdiction based on the new Act's provisions. However, it is inevitable that "beware buyer" will be replaced by "beware seller/manufacturer"; the consumer will be the real king. The Rules 2020 strike a balance between the responsibilities of e-commerce business owners and on-the-platform vendors. Contravention, if any, of the new regulation/rules would invite the provisions of the Act 2019. The observation is that limited liability partnerships are missing from the e-commerce entities. However, with the Act and Rules' operational experience, the judiciary or legislature will address this issue sooner or later.
Nevertheless, the Rules 2020 provide a robust legal framework to build consumers' trust in e-commerce transactions and protect their rights and interests, thereby proving the notion, "consumer is the king". The COVID-19 impact has pushed the government to adopt and encourage online compliant filling procedures through the National Consumer Helpline. Using various APPs is likely to expedite the adjudication process and benefit the aggrieved consumer and build trust in the governance system.
Reading the Rules, 2020, with the Act, 2019, the observation is that by making smartphones the primary target of the new legislation, the Act, 2019 is hailed as an all-inclusive regulatory regime that would raise customer interest investment in e-commerce. To safeguard consumers' rights in all modern-day retail commerce models, the Act, 2019 attempts to turn the jurisprudence pervading consumer protectionism from a caveat emptor to a caveat seller. In addition, the Act formally incorporated e-commerce within its limits and entered the realm of B2C e-commerce. One crucial takeaway benefit for consumers is simplifying the complaint filing process, enabling consumers to file complaints online and redress grievances.
E-commerce has become a gift to all customers in the COVID-19 pandemic's aftermath. The E-Commerce Rules, 2020 follow the stringent consumer protection regime under the new Act, 2019. In the raging pandemic, the timing of the E-Commerce Rules, 2020 is beneficial considering the current limitations on customers' freedom of travel and increased reliance on e-commerce. The grievances redress mechanism as provided in the Rules, 2020 is indubitably a calibrated step ensuring neutrality in the e-commerce market place, greater transparency, stringent penalties and a striking balance between the commitments of e-commerce firms and vendors in the marketplace. The mandatory provisions of appointing a consumer grievance redress officer and a nodal contact person or an alternative senior appointed official (resident in India) with contact details, acknowledging consumer complaints within 48 h of receipt with a ticket number, and resolving complaints within 1 month of receipt are unquestionably beneficial to consumers. Although each e-commerce company has its refund policy, all refund claims must have a timely settlement. However, anxiety abounds as daily online fraud and unethical trading practices have made consumers fearful of exposing themselves to unscrupulous vendors and service providers. Moreover, the regulations' effective enforcement would dissuade unethical retailers and service providers, thereby building consumer trust, which time will see.
Practical Contributions
The practical contributions of the paper emerge from survey findings. Concerning the primary survey, the male–female ratio is nearly 1:1, with an average age of 36 years in the age range of 20–65. As regards profession, 67% were working professionals, and 22% were students. While all of the respondents were computer/tablet/mobile-savvy, 96% had at least a five-time online shopping experience during the last 7 months between January–July 2020. The desktop with 61% response is still the preferred device for online shopping. The pricing with cash on delivery, shipping convenience, and quality reviews determined online shopping factors. About 57% of them agreed that COVID-19 impacted their online purchase habits and pushed for online transactions even though they feared insecurity about online shopping. The primary concerns were low-quality products at a high price, a refund for defective products, and a delay in settlement of wrong/excess payments. The top five leading e-commerce platforms reported were Amazon, Flipkart, Alibaba, Myntra, and IndiaMart. Netmeds was also a leading e-commerce business platform in the pharmaceutical sector. During the COVID-19 pandemic, JioMart was very popular for home-delivery food products, groceries and vegetables in the metro locality. The customer feedback system was found robust on Amazon.
The respondents' trust in online shopping reveals that a secure and reliable system was essential for 93% of the respondents. For nearly the same proportion, information about how e-business firms work provided security solutions was a priority factor. Choosing a payment option, 76% of the respondents prioritised “cash on delivery-online transfer at the doorstep. Regarding the privacy of personal information shared by online shoppers, 52% said that they cared about this aspect. Factors like warranty and guarantee (67%) and customer service (69%) were important factors of trust-building with the e-entities. Information on the websites (easy navigation/user friendly and reviews) was either important or very important, with 77% of the respondents’ confidence building to buy online. Information about the product features and its manufacturer/supplier was essential to 86% of the respondents for trust-building on the product and the supplier (manufacture) and e-commerce entity. Along with the ABI model discussed above, the presumption is that security, privacy, warranty/guarantee, customer service, and website information factors positively influence e-commerce customers' trust.
Multiple regression analysis suggests that as the P = value of every independent variable is below 0.05% level of significance, the independent variables security, privacy, warranty, customer service, and website information are all significant. Alternatively, the overall P value of 0.032 with R 2 0.82 supports the presumption that security, privacy, warranty/guarantee, customer service, website information factors have a combined influence on e-commerce customers' trust.
Given this backdrop, Table Table6 6 summarises the micro findings on respondents' online shopping behaviour, their trust and safety aspects, and understanding of the provisions of the new Act, 2019 and Rules, 2020. The higher mean value for a sub-factor implies higher importance attached to the factor by the respondents. P value at a 5% level of significance explains an individual element's contribution to trust-building behaviour for online buying.
Statistical analysis of online shopping trust factors ( N = 290)
Factors/Sub-factors | Monthly | 2 times pm | > 2 times pm | value (5% level) |
---|
Security | |
Secure and reliable payment systems; Information about how security solutions work; Possibility to choose payment method (cash on delivery, debit/credit card) | 4.95 | 4.91 | 4.90 | |
Privacy | |
How the personal information that you fill in, when ordering, are handled; Policy for the handling of personal information, on a visible place on the company’s homepage | 4.92 | 4.91 | .83 | |
Warranty/Guarantee | |
Standard terms in connection to order form (terms for returns, refunds etc.); Coordination on the order and purchase/tracking | 4.92 | 4.91 | 4.83 | |
Customer service/grievance redress | |
Possibility to be able to ask questions and get help directly, online/chatboot or mobile; Feedback/evaluation/experience rating | 4.89 | 4.93 | 4.83 | |
Website& Information | |
Design& functionality-how website looks, user friendly, easy navigation; Information about company& product details; About reviews | 3.56 | 3.68 | 3.59 | |
Act and Rules | |
Understanding of the new Act, 2019 | 3.21 | 3.42 | 3.88 | – |
Understanding of the Rules, 2020 | 3.14 | 3.29 | 3.01 | |
(290/%) | | | | |
Managerial Insights
The first observation from the data analysis is that, comparatively, the younger generation is prone to online shopping; it goes along with Xiaodong and Min ( 2020 ). Secondly, the respondents of all age groups have online buying experience even in a pandemic situation forced by COVID-19, compromising their safety and security concerns. The third observation is that factors like “cash on the delivery option (COD)”, adequate information on the e-commerce entity corporate website, and effective grievance/complaint redress mechanism are the three crucial factors that build consumers’ trust in e-commerce transactions. The reason probably is that this Act and Rules are new and significant dispute (s) could yet be reported seeking invoking the relevant provisions of the Act and Rules in an appropriate legal forum.
Further, the logical observation of the COD option being a perceived influential factor in trust-building emanates from the fact that protection and security are the essential elements that make customers hesitant toward utilizing other e-payment options. The studies by Mekovec and Hutinski ( 2012 ), Maqableh ( 2015 ) and Ponte et al.( 2015 ); have similar views. However, post-demonetization (2016), India is growing with more digital payments. In this context, we value Harvard researchers Bandi et al. ( 2017 ) contention that customers who switch to digital payments maintain their purchasing recurrence but spend more and are less likely to restore their purchases. The firms in emerging markets may appreciate gains from customer interest, notwithstanding operational increases from payment digitalization. The coherent perception about the impact of website information on trust-building is in line with the findings of Brian et al. ( 2019 ) that the online information source creates a spill-over effect on satisfaction and trust toward the retailer. The implication of the need for an effective grievance redress mechanism is that trust-building would be a tricky proposition if the company cannot ensure dedicated and tailored customer service and support. Kamari and Kamari ( 2012 ) and Mangiaracina and Perego ( 2009 ) had comparative perspectives likewise.
The final observation is that the level of trust required to engage in online shopping/transaction varies among the respondents depending on their trust perception level. The younger generation, less than 35 years old, is more risk-taking when it comes to pre-purchase online payment, but women over 45 years old are a little hesitant and prefer to do their online shopping with payment at the time of placing an order. This is ostensibly because the younger generation is more tuned to network connectivity via smartphone/tablet, and they perceive online transactions as less dangerous. The present research findings on the influence of security, privacy, warranty/guarantee, customer service, and website information on e-commerce customers' confidence-building support the earlier discussed ABI model proposition (Mayer et al., 1995 ; Cazier, 2007 ; Helge et al., 2020 ). The R 2 -value of 0.82 implies that there are other factors beyond what is studied. The other probable factor (s) that might have influenced trust is the new Act and Rules' effectiveness in protecting online consumers' interests. The new regulations need a couple of years (at least 2 years) of operational experience for proper assessment. The Act 2019 appears robust to protect consumer rights and interests of e-commerce customers with specific regulations (i.e. Consumer Protection (E-Commerce) Rules, 2020) in force, helping the country's economic growth.
The study variably supports Nehf ( 2007 ) view that consumers make decisions about distributing their data in exchange for different benefits like, e.g., information on web sites and access to databases. Trust, credibility, privacy issues, security concerns, the nature of the information on the website, and the e-commerce firm's reputation directly influence consumers' internet trust (Kim et al., 2008 ). Trust is the focal point of online consumers' decision-making; the observation endorses Larose and Rifon ( 2007 ) creation of privacy alerts as part of consumer privacy self-regulation initiatives and the use of a social cognitive model to consider consumer privacy behaviours. Besides, data privacy and trust breaches adversely affect the firm's market value (Tripathi & Mukhopadhyay, 2020 ) also hold good in the present context. Figure 7 demonstrates a diagrammatic model of trust of the consumer on e-commerce transactions leading to his decision-making.
Model for consumers’ trust on e-commerce transactions
Limitations
Every research has more or less some limitations; this one has too. The main impediment was the non-availability of adequate literature defining the impact assessment of the legal framework of consumer protection measures in e-commerce. The probable reasoning is that the Acts/Laws governing e-commerce and online consumer rights protection under consideration are new; ethical dispute resolution and judicial interventions have only recently begun. Sample size limitation is also a hindering factor in the generalisation of the findings. The observations and managerial insights are likely to change with a few more years of implementation experience of the Acts.
Conclusions, Implications and Future Research
Conclusions.
Lack of trust in goods and their suppliers/manufacturers was one of the primary reasons for people not buying online. The widespread internet penetration and the growing use of computer/tablets/smartphones have pushed e-commerce growth across countries, including India. The rapid e-commerce development has brought about new distribution methods. It has provided new opportunities for consumers, forcing consumers vulnerable to new forms of unfair trade and unethical business. Further, the government's measures to protect consumer rights, particularly online consumers, are inadequate. Hence, the government enacted the Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 and made them effective from July 2020. The new Act and Rules have less than 6 months of operational experience, implying premature comment on its effectiveness in providing safety and security to online consumers. However, online consumers' positive responses suggest that people gain confidence in online shopping with safety and security. Because consumer rights protection is paramount in the growth of e-commerce, the new regulations strengthen the grievance redress mechanism of online consumers, ensuring their trust-building ability, safety, and security. The "Consumer is the King with power" now. The new reform, i.e., enactment of the two laws, aids in doing business too. Some legal complications may arise with more operational experience in the future. Still, with judiciary intervention and directives, the online consumer's safety and security will pave the growth of e-commerce in India.
Implications
Some stakeholders have apprehension about the new Act and Rules' effectiveness because of the slow judiciary process, inadequate infrastructure support, and corrupt practices. The findings provide some practical implications for consumer activists, policymakers, and research communities to explore how to strengthen trust-building among online consumers. Regarding theoretical implications, the research improves the scientific community's understanding of the existing body of knowledge about online trust and e-consumer protection. The article further contributes to the body of literature on e-commerce and consumer protection, understanding the crucial factors impacting customer trust and loyalty and provides an insightful perspective on e-consumer protection in the Indian context on the eve of the new legislation enacted in 2019–2020.
Future Research
Given the presumption that e-commerce and trust are areas of constant change, trust in e-commerce will change, and it will be more challenging to integrate e-commerce into people's lives. The scope for further research to test the effectiveness of the Act, 2019, and Rule, 2020 in redressing e-commerce consumers' grievances and protecting their rights is wider only after a couple of years of operational experience. The government's policy drive for accelerating online transactions also poses challenges considering the importance of trust-building and consumer rights protection in e-commerce. Future research would shed more light on these issues.
Acknowledgements
The authors express their appreciation to the section editor and two anonymous reviewers for providing insightful comments and constructive suggestions to improve the paper's quality.
This research did not receive any specific grant from funding agencies in the public, commercial, or not-for-profit sectors.
Declarations
The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper.
This article does not contain any studies with human participants or animals performed by any of the authors.
1 See The United Nations Economic Commission for Europe (UNECE) guidelines on e-commerce https://www.unece.org/fileadmin/DAM/stats/groups/wggna/GuideByChapters/Chapter_13.pdf , pp 249–263, Accessed 7 October 2020.
2 Consumer International is a champion in the sustainable consumer movement for the last 60 years. Its vision for the future of 2030 is to address three issues-sustainability, digitalization and inclusion. See for more details https://www.consumersinternational.org/who-we-are/ .
3 econsumer.gov came into being in April 2001, addresses international scams and guides its members to combat fraud worldwide; see for details https://econsumer.gov/#crnt .
4 For more details, refer to https://icpen.org/consumer-protection-around-world .
5 For a detailed report, see https://www.worldretailcongress.com/__media/Global_ecommerce_Market_Ranking_2019_001.pdf , Accessed 10 October 2020.
6 Complete report available at https://business.adobe.com/resources/digital-economy-index.html , Accessed 10 October 2020.
7 https://www.ibef.org/news/vision-of-a-new-india-US$-5-trillion-economy , Accessed 7 October 2020.
8 Government of India’s press release, see https://pib.gov.in/PressReleseDetailm.aspx?PRID=1603982 , Accessed 7 October 2020.
9 See CUTS International survey at https://cuts-citee.org/pdf/Discussion_Paper_E-Commerce_in_the_Context_of_Trade_Consumer_Protection_and_Competition_in_India.pdf , CSA Research at https://insights.csa-research.com/reportaction/305013126/Marketing , https://insights.csa-research.com/reportaction/305013125/Marketing , and UNTAD study at https://unctad.org/page/data-protection-and-privacy-legislation-worldwide , Accessed 12 December 2020.
10 https://innovationtactics.com/business-model-canvas-airbnb/ , Accessed 12 December 2020.
11 Detailed findings at https://insights.csa-research.com/reportaction/305013125/Marketing , Accessed 19 October 2020.
12 Amazon India began testing a Hindi for its mobile website, marking its first foray into vernacular languages in August 2018.
13 Flipkart started voice assist in multiple languages - Hindi and English to make shopping easier in June 2020 .
14 See cross-border shopping statistics and trends at https://www.invespcro.com/blog/cross-border-shopping/ , Accessed 15 October 2020.
15 https://www.pwc.com/gx/en/consumer-markets/consumer-insights-survey/2020/pwc-consumer-insights-survey-2020.pdf , Accessed 15 October 2020.
16 For global trend-access, explore, and personalized insights, see details at https://www.forrester.com/data/forecastview/reports# , Accessed 15 October 2020.
17 For defined common issues, see Government’s e-gazette at http://egazette.nic.in/WriteReadData/2020/220661.pdf , Accessed 15 October 2020.
18 https://consumeraffairs.nic.in/sites/default/files/Act%20into%20force.pdf , Accessed 30 October 2020.
19 See Government’s e-gazette notification http://egazette.nic.in/WriteReadData/2019/210422.pdf , Accessed 30 October 2020.
20 Government of India’s press release see https://pib.gov.in/Pressreleaseshare.aspx?PRID=1656161 and for detailed Rules see https://consumeraffairs.nic.in/theconsumerprotection/consumer-protection-e-commerce-rules-2020 .
21 Full reported case details are available at https://indiankanoon.org/doc/49459460/ , Accessed November 22, 2020.
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- DOI: 10.55355/snv2024131302
- Corpus ID: 272356833
On the issue of preparing future teachers to broadcast family values to students in an information society
- M. Aldoshina
- Published in Samara Journal of Science 1 March 2024
- Education, Sociology
3 References
Systematization of family education traditions: a socio-pedagogical classifier, post-pedagogical syndrome of the digimodernism age, the building professional values of students in modern university education, related papers.
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California's Privacy Regulator Issues Enforcement Guidance on How To Avoid "Dark Patterns" in Obtaining Consumer Consent
On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from consumers. Businesses subject to the California Consumer Privacy Act ( CCPA ) routinely request consent from consumers related to their personal information and in handling consumer requests to exercise their statutory rights regarding their personal information. The CPPA's advisory is a strong signal that the time for businesses to identify and remove Dark Patterns in these processes is now—before the CPPA commences enforcement—by reviewing user interfaces to ensure the language and interface design offering consumers privacy choices is clear and symmetrical.
What Is a Dark Pattern?
The CCPA defines a Dark Pattern as " a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice …." [1] The CPPA's regulations, in nearly identical language, say that a user interface uses Dark Patterns if the interface has the effect of " substantially subverting or impairing user autonomy, decisionmaking, or choice ." [2] Under the CCPA, in many cases businesses' ability to lawfully collect and process consumer information depends on obtaining consumers' consent. The CPPA expressly provides, however, that agreements to process personal information that are obtained through Dark Patterns do not constitute consent. [3]
To avoid creating a Dark Pattern, [4] business processes for consent and exercise of consumer rights must:
- Be easy to understand.
- Use "symmetry in choice," which means that the path for a consumer to exercise a more privacy-protective option cannot be longer, more difficult, or time-consuming than to exercise a less privacy-protective option.
- Avoid language or interactive elements that are confusing to consumers.
- Avoid "choice architecture" that impairs or interferes with a consumer's ability to make a choice.
- Be easy for the consumer to execute, without unnecessary burden or friction. [5]
A business's intent when designing a consumer interface or process is not determinative. [6] According to the press release announcing the Advisory:
" Dark patterns aren't about intent, they're about effect," said Michael Macko, Deputy Director of the CPPA's Enforcement Division. "The law gives consumers the right to make their privacy choices without jumping through confusing hoops or solving puzzles. Businesses need to ask themselves the right questions about their user interfaces and make sure they aren't part of the problem ."
Examples of Dark Patterns
The CCPA regulations already contain examples of Dark Patterns. [7] The Advisory reiterates some of those examples as a reminder to businesses:
- Dark Pattern Unequal Choice : A process for opting out of sale or sharing of consumer personal information that requires the consumer to take more steps than the process to opt in.
- Symmetrical or Equal Choice : A website banner seeking consumer consent to use personal information gives the consumer a single step choice for available processing options such as "accept all" or "decline all."
- Dark Pattern Unequal Choice : The opt-in choice presented to customers for the sale of their personal information consists of only "yes" and "ask me later."
- Symmetrical or Equal Choice : The opt-in choice presented to customers for the sale of their personal information consists of "yes" and "no."
The Advisory also contains images of three personal information consent processes that are commonly used across the internet, such as:
- A content preferences box with multiple toggles for various data collection purposes, including the use of cookies for marketing and opting out of the sale of personal information.
- A single "ok" button to acknowledge that a site uses cookies for a range of purposes.
- A cookie banner that says a website will collect and use cookies and gather other "information" and "data" from a user's device and browser, where the user only has the options of "enhance my experience" and "other choices."
It is easy to read between the lines to see which of these is—in the CPPA's view—a Dark Pattern, although the Enforcement Advisory does not expressly say. Instead, it recommends that businesses ask themselves these questions:
- Is the language easy to read and understand?
- Is the language straightforward and does it avoid technical and legal jargon?
- Is the consumer's path to saying "no" longer than the path to saying "yes?"
- Does the interface make it more difficult to say "no" than "yes?"
- Is it more time consuming for a consumer to make a more privacy-protective choice?
For a business (or the CPPA) to determine whether a process uses a Dark Pattern will require a fact-specific analysis, involving consideration not just of the literal words a business uses but also issues such as the size and color of fonts, the placement of information on a web page, and the specific steps—clicking links or checking boxes—that consumers need to take to opt into or out of permitting the collection and processing of their data. In the Advisory, the CPPA evidently wanted to remind businesses of some bright-line examples to avoid and to recommend a framework businesses can use in evaluating their own processes for obtaining consumer consent.
The Advisory contains a disclaimer saying that, like all CPPA advisories, it does not make law or provide a safe harbor. Enforcement is on a case-by-case basis, and the Advisory's examples are only hypotheticals that can guide a business's evaluation of its own processes. Nevertheless, the Advisory provides strong insight into the CPPA's assessment of what would constitute a Dark Pattern.
It's Not Just California
As noted above, California law expressly bans the use of Dark Patterns as a valid means of obtaining consumer consent. But it's not just California. Other states, including Colorado and Connecticut, also expressly call out Dark Patterns as problematic in their privacy statutes. In addition, the Federal Trade Commission has signaled that it intends to make elimination of Dark Patterns an enforcement priority under its general authority to prevent "unfair" or "deceptive" trade practices. So, all businesses with an online presence that collect information from consumers should carefully review their user interfaces in light of the enforcement risks posed by these new and evolving state and federal-level concerns.
If you have questions about whether your business processes involve Dark Patterns, please contact us for assistance.
[1] Cal. Civ. Code. § 1798.140(l).
[2] 11 CCR § 7004 (c).
[3] Cal. Civ. Code. §1798.140(h).
[4] 11 CCR § 7004 (b).
[5] 11 CCR § 7004 (a).
[6] 11 CCR § 7004 (c).
[7] 11 CCR § 7004.
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Inevitably, these changes lead to changed consumer behavior studies by which, when, how, and why the topics are studied. Like any other discipline, systematic analysis of the knowledge development status of consumer behavior field is critical in ensuring its future growth (Williams & Plouffe, 2007).It is of a greater importance for a field of research such as consumer behavior that, as ...
Consumer Awareness is the process of making the consumer of goods and services aware of his rights. It involves educating a consumer about safety, information and the redressal options available to him. As previously discussed consumer awareness is one of the most persistent problems the government faces when it comes to consumer protection.
The Consumer Protection Act, 1986 was established to address the grievances of the consumer and to protect their interests. It was a laudable step at that point of time and amended from time to time. However, the three-decade-old legislation failed to keep pace with the developments in the market and digital technology in the country.
Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current Indian legal framework that protects online consumers' interests. A thorough analysis of the two newly enacted laws, i.e., the Consumer Protection Act, 2019 and Consumer Protection (E-commerce) Rules, 2020 and literature review support analysis of 290 ...
Consumer Protection: Does It Work Essay. Consumer protection has always been a special domain for numerous agencies and non-profit organisations. These organisations and agencies provide consumers with legal and information support, as they are building their relationships with sellers and suppliers. However, any violations of consumer laws and ...
Today consumer law is facing various issues and challenges as a result of the rapid development of e-commerce and globalised trade. The growth of borderless marketing and technology has grown over the years. There is a wide choice for online shopping for both manufacturers and consumers. These multinational companies and other enterprises which are engaged in e-commerce attract a large number ...
Consumer Awareness is a demonstration of ensuring the purchaser or buyer knows about the data and information about items, products, administrations, and buyers' privileges. Consumer awareness is significant with the goal that purchasers can settle on the best choice and settle on the ideal decision. Shoppers reserve the privilege to data or ...
Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current Indian legal framework that protects online consumers' interests.A thorough analysis of the two newly enacted laws, i.e., the Consumer Protection Act, 2019 and Consumer Protection (E-commerce) Rules, 2020 and literature review support analysis of 290 online ...
DOI: 10.55355/snv2024131302 Corpus ID: 272356833; On the issue of preparing future teachers to broadcast family values to students in an information society @article{Aldoshina2024OnTI, title={On the issue of preparing future teachers to broadcast family values to students in an information society}, author={Marina Ivanovna Aldoshina}, journal={Samara Journal of Science}, year={2024}, url ...
Avoid "choice architecture" that impairs or interferes with a consumer's ability to make a choice. Be easy for the consumer to execute, without unnecessary burden or friction. A business's intent when designing a consumer interface or process is not determinative. According to the press release announcing the Advisory: