PhysicsWallah, McAfee fined Rs 6 lakh over suspected dark pattern use

The consumer watchdog, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, levied a penalty of Rs 5 lakh on PhysicsWallah and Rs 1 lakh on McAfee. Both companies have been directed to discontinue such practices and ensure that consumers can make free and informed decisions while using their platforms.
PhysicsWallah, McAfee fined Rs 6 lakh over suspected dark pattern use
CCPA has fined PhysicsWallah, McAfee Rs 6 lakh over suspected dark pattern use |Image source: ChatGPT generated/Representational|

The Central Consumer Protection Authority (CCPA) has fined PhysicsWallah, an ed-tech platform and cybersecurity company McAfee Software India Pvt Ltd for following "dark pattern" practices that allegedly misled consumers in their respective digital interfaces.

The consumer watchdog, chaired by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, imposed a penalty of Rs 5 lakhs on PhysicsWallah and Rs 1 lakh on McAfee. The two firms were instructed to stop the use of "dark patterns" and allow users to make independent decisions when accessing their digital platforms.

"The Central Consumer Protection Authority (CCPA), headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, have imposed penalties on PhysicsWallah Limited and McAfee Software India Private Limited for using dark pattern practices that misled consumers and influenced their choices on digital platforms," read the official release by Ministry of Consumer Affairs, Food & Public Distribution.

The action was taken under the provisions of the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

PhysicsWallah pulled up for pre-selected donations, 'free' course claims

The CCPA took suo motu cognisance of certain practices on PhysicsWallah's platform and found that consumers were being influenced through interface designs that affected their ability to make independent choices.

As per the authority, there was an automatic selection of donation worth Rs 10 by the users on the PW Foundation page and it was added to the total payment amount without even taking explicit permission from the users. Emotional appeals were also made regarding children’s education, healthcare, and marriages to make consumers continue the donation process.

The regulator further observed that courses advertised as "free" could only be accessed after users shared personal information such as their mobile numbers and email addresses. However, an examination found that the content remained identical across user accounts, indicating that mandatory data collection was not necessary for course access.

The CCPA identified multiple dark patterns on the platform, including "Basket Sneaking," "Confirm Shaming," and "Forced Action." It noted that consumer consent cannot be presumed through pre-selected options and must be obtained through clear affirmative action.

The authority held that advertising courses as "free" without clearly disclosing registration and data-sharing requirements amounted to a misleading advertisement and an unfair trade practice. It also highlighted concerns over the impact of such practices on students and minors, who form a significant portion of the platform's user base.

PhysicsWallah has been directed to remove all dark patterns from its digital interfaces and pay a penalty of Rs 5 lakh.

"PhysicsWallah Limited has been directed to ensure that no dark patterns are deployed on any of its digital interfaces and pay a penalty of Rs 5,00,000," the release read.

McAfee's subscription renewal process found misleading

The CCPA ruled that the interface designed by McAfee to facilitate subscription renewals was misleading, having been created in a way that might push customers to renew subscriptions.

The CCPA noted that consumers were given two primary options while renewing their subscriptions – "Renew Now" and "Accept Risk". The regulator indicated that using the option labelled "Accept Risk" would suggest that individuals who did not renew would expose themselves to risks associated with cybersecurity, an assertion which had no basis at all.

The CCPA argued that this interface design used fear tactics and provided more prominence for the renewal than anything else, thus affecting the decision-making process.

Several dark patterns were found in the interface of McAfee, such as "Confirm Shaming," "Interface Interference," "Trick Question," and "Forced Action." It argued that consumers should be given an opportunity to make subscription decisions freely, devoid of any manipulations.

McAfee has been directed to discontinue such practices across its website, applications and other digital interfaces and pay a penalty of Rs 1 lakh.

"McAfee Software India Private Limited has been directed to ensure that no dark patterns are employed on its platform, website, application or any other digital interface and pay a penalty of Rs 1,00,000."

CCPA intensifies crackdown on dark patterns

The Guidelines for Prevention and Regulation of Dark Patterns, 2023, were notified by the CCPA on November 30, 2023, after thorough consultation with various stakeholders. These guidelines outline 13 forms of dark patterns which qualify as unfair trade practices, such as basket sneaking, confirm shaming, forced action, interface interference, and trick questions.

In order to ensure compliance, the regulator had also issued an advisory to online businesses on June 5, 2025, asking them to undertake self-review and remove any dark patterns from their interfaces.

"To strengthen compliance, CCPA issued an advisory on 5 June 2025 asking e-commerce companies and digital platforms to conduct self-audits and remove dark patterns from their interfaces. These orders underline CCPA's commitment to ensuring a fair, transparent and consumer-friendly digital marketplace. The Authority has reiterated that consumer consent must always be explicit, informed and free from manipulative design practices," the release concluded.

Add Zee Business as a Preferred Source