In re matter McAfee Software India Private (CCPA Delhi)
The Central Consumer Protection Authority (CCPA) initiated proceedings based on a representation alleging that the subscription renewal interface of McAfee Software India Private Limited employed manipulative design practices amounting to prohibited dark patterns. The complaint concerned a renewal prompt that offered consumers only two visible choices—“Renew Now” and “Accept Risk”—without a neutral opt-out option such as “Cancel” or “Skip.” It was alleged that this design amounted to “Confirm Shaming” by portraying non-renewal as irresponsible or unsafe and thereby influencing consumer decision-making.
Following a preliminary inquiry, CCPA observed that the interface formed part of a standard renewal mechanism deployed across the platform and was capable of affecting a large class of consumers. The authority noted that the use of fear-based language such as “Accept Risk,” combined with the absence of a clear and neutral opt-out option, appeared to nudge consumers toward subscription renewal and potentially impaired informed consumer choice. The matter was considered suitable for class-action intervention under the Consumer Protection Act, 2019.
A Show Cause Notice was issued to the company. In response, the company stated that it had modified the interface and introduced a neutral “Skip” option after receiving the notice. However, CCPA found that the response did not sufficiently explain the rationale behind the original design or the measures adopted to ensure compliance with consumer protection laws. CCPA further observed that post-notice corrective action did not eliminate liability arising from the earlier interface design.
