The Central Consumer Protection Authority (CCPA) has imposed a ₹1 lakh penalty on SpiceJet Ltd for deploying ‘dark patterns’ on its online flight booking platform, holding that the airline used deceptive design practices that compromised consumers’ ability to make informed choices.
The order was passed by the CCPA under the leadership of Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra.
Pre-ticked checkboxes under scrutiny
The consumer watchdog found that SpiceJet automatically enrolled customers into its SpiceClub Loyalty Programme through a pre-selected checkbox during the booking process.
It also observed that customers were deemed to have consented to receive promotional communications because the option was enabled by default, without requiring any affirmative action from users.
According to the CCPA, even after it issued a notice, the airline merely modified the interface by introducing another pre-ticked checkbox for marketing communications through SMS, WhatsApp and email, effectively continuing the same practice in a different format.
Airline cites technical error
During the proceedings, SpiceJet attributed the issue to a technical error. The authority directed the airline to provide an undertaking confirming that corrective measures had been implemented and that such practices would not recur.
CCPA identifies multiple dark patterns
The regulator said SpiceJet’s booking platform employed several recognised dark patterns, including: Forced Action: Automatic enrolment into the SpiceClub Loyalty Programme through a pre-ticked checkbox, Interface Interference: Displaying the company’s preferred option as the default selection, thereby influencing consumer decisions and Trick Question: Using confusing and negatively worded consent language that could mislead consumers.
The authority observed that such interface designs impair consumer autonomy, discourage informed decision-making and fall short of fair and transparent business practices.
Violated consumer protection rules
The CCPA held that SpiceJet’s practices amounted to unfair trade practices under the Consumer Protection Act, 2019.
It also found that the airline violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained through explicit and affirmative action.
Additionally, the authority ruled that the airline had contravened the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
Consent must be explicit
The CCPA reiterated that consumer consent must always be explicit, informed and freely given. It emphasised that consent obtained through pre-ticked checkboxes, default settings or deceptive interface designs is legally invalid and contrary to consumer welfare.
The authority said it will continue to ensure that digital platforms adopt fair, transparent and consumer-centric business practices while safeguarding consumer rights.