CCPA imposes Rs One lakh penalty on SpiceJet for deceptive design practices on booking platform
New Delhi, July 17 (TNT): The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on airline company SpiceJet Limited for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform.
The order was issued by CCPA Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra after the authority found that consumers were automatically enrolled into the airline’s SpiceClub Loyalty Programme through a pre-ticked checkbox during the booking process.
The CCPA also observed that consumers were considered to have consented to receive promotional communications as the default option was pre-selected without requiring any affirmative action.
Even after the authority issued a notice, the company allegedly continued a similar practice by introducing another pre-ticked checkbox for future promotional messages through SMS, WhatsApp and email.
During the proceedings, SpiceJet stated that the issue occurred due to a technical error.
The company was directed to submit an undertaking confirming that corrective measures had been implemented and would be maintained permanently.
The CCPA identified multiple dark pattern practices on the platform, including forced action, where consumers were automatically enrolled into the loyalty programme; interface interference, where the preferred option of the company was set as the default choice; and trick questions, involving confusing consent language that could mislead users.
The regulator said such practices affect consumer autonomy, interfere with informed decision-making and violate principles of fair and transparent consumer engagement.
The authority held that the company’s conduct violated provisions of the Consumer Protection Act, 2019 related to unfair trade practices, unfair contracts and misleading representations.
It also found violations of Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires explicit and affirmative consumer consent, along with the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
The CCPA reiterated that consumer consent must be explicit, informed and freely given, and that consent obtained through pre-ticked checkboxes, default settings or deceptive interface designs cannot be considered valid.
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