New Delhi: The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs one lakh on SpiceJet airlines for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform.
The CCPA noted that customers were enrolled in the Spice Club Loyalty Programme automatically through a pre-ticked checkbox. Consumers were also treated as having agreed to receive promotional messages because the default option was already selected, without any action from them. Even after CCPA issued a notice, the company changed the earlier method to another pre-ticked checkbox for future messages through text messages, WhatsApp and email, continuing the same practice in a different form.
During the proceedings, SpiceJet said the issue happened because of a technical error. The company was asked to give an undertaking confirming that the necessary corrective steps had been taken and would continue permanently.
While flagging dark pattern concerns, the CCPA noted that the airline used a “trick question’ by using confusing and negatively worded consent language that had the potential to mislead consumers. The authority observed that such practices impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.
CCPA further found that the company’s conduct violated the provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contracts and misleading representations, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
The order reiterated 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 order said.
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