DARK PATTERNS AND CONSUMER BEHAVIOUR: A STUDY MAPPING THE MINDSET OF THE CONSUMER THROUGH CRITICAL ANALYSIS
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Abstract
The term' dark patterns' refers to elements that tend to deliberately mislead, coerce, and, most of the time, deceive users or visitors of websites into making harmful decisions and making unintended choices. Dark patterns are found on many websites and are used by almost all organisations. They are deceptive labelled buttons/tabs on the system that are difficult to 'undo' once into it. How the elements appear on screen in attractive colours, designs, shades, and labelling draws the users' attention away from confident choices or options. These dark patterns are a common sight for online subscriptions offering free trials for all kinds of goods and services. The use of dark patterns in advertising and its onslaught on the advertising sector makes it extremely difficult, sometimes impossible, for a customer to unsubscribe from the use of the service or eventually convert a free trial into a paid subscription.
To illustrate the kinds of design practices and to demonstrate the harmful effects caused on the consumers, the author, through the hypothesis, placed on record the different kinds of designs, the impact that it has on consumers, a brief analysis of the laws internationally and the empirical data to substantiate what could be done to protect consumers getting lured into such elements is effectively explained.
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LAWS AND STATUTES
Section 2(7) of the Consumer Protection Act
The Consumer Protection Act, NO. 35 OF 2019
Section 2(47) of the Consumer Protection Act
Section 2(41) of the Consumer Protection Act
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