New Delhi, India: The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh (US$1,160) on SpiceJet Limited for using deceptive digital design practices, commonly known as dark patterns, on its flight booking platform. The authority concluded that the airline’s booking interface violated consumer protection laws by enrolling users into services and obtaining marketing consent without their explicit approval.
The order was issued by the CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, following an examination of the airline’s online booking process. According to the authority, SpiceJet’s practices breached provisions of the Consumer Protection Act, 2019, Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
The CCPA found that consumers booking flights on SpiceJet’s platform were automatically enrolled into the SpiceClub Loyalty Programme through a pre-ticked checkbox, without actively opting into the service. It also observed that customers were treated as having agreed to receive promotional communications because the default option for marketing messages had already been selected, requiring no affirmative action from users.
According to the authority, even after it issued a notice to the airline, SpiceJet modified the booking interface by replacing the original mechanism with another pre-ticked checkbox for receiving future promotional messages through text messages, WhatsApp and email. The CCPA held that this effectively continued the same practice in a different form rather than eliminating the issue.
During the proceedings, SpiceJet stated that the issue had occurred because of a technical error. The airline was subsequently directed to provide an undertaking confirming that the required corrective measures had been implemented and would remain in place permanently.
In its order, the CCPA identified multiple categories of prohibited dark patterns on the airline’s booking platform. It said the automatic enrolment into the SpiceClub Loyalty Programme through a pre-selected checkbox amounted to “Forced Action.” It further held that presenting the company’s preferred option as the default selection constituted “Interface Interference”, as it influenced consumer decision-making. The authority also found that the use of confusing and negatively worded consent language had the potential to mislead users, classifying it as a “Trick Question.”
The authority stated that “such practices impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.”
The CCPA further concluded that SpiceJet’s conduct amounted to unfair trade practices, unfair contracts and misleading representations under the Consumer Protection Act, 2019. It also ruled that the airline had violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained only through explicit and affirmative action, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
Reiterating the legal standard for obtaining consumer consent, the order states that “consumer consent must always be explicit, informed and freely given. Consent obtained through pre-ticked checkboxes, default settings or deceptive interface design is not valid and is contrary to consumer welfare and the provisions of law.”
The authority also reaffirmed its regulatory approach towards digital commerce, stating that “CCPA remains committed to protecting consumer rights and ensuring that digital platforms conduct business in a fair, transparent and consumer-centric manner.”
The action against SpiceJet forms part of the CCPA’s ongoing efforts to curb deceptive online practices following the introduction of the Guidelines for Prevention and Regulation of Dark Patterns, 2023, which prohibit interface designs that manipulate or mislead consumers into making unintended choices.
SpiceJet maintained during the proceedings that the issue resulted from a technical error. However, the CCPA proceeded with the penalty and directed the airline to ensure that the corrective measures are implemented on a permanent basis.
