NEW DELHI: The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on SpiceJet Limited for adopting deceptive online design practices, commonly referred to as “dark patterns,” on its flight booking platform. The consumer watchdog ruled that the airline’s booking interface used pre-selected options that automatically enrolled customers into its loyalty programme and marketing communications without obtaining explicit consent.
The action was taken by the CCPA under the leadership of Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, who concluded that the practices violated provisions of the Consumer Protection Act, 2019, as well as the Consumer Protection (E-Commerce) Rules, 2020 and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
CCPA Finds Automatic Enrolment Through Pre-Ticked Boxes
According to the Authority, consumers booking flights on SpiceJet’s platform were automatically enrolled in the airline’s SpiceClub Loyalty Programme because the relevant checkbox had already been selected by default.
The CCPA observed that customers were also considered to have agreed to receive promotional messages, including marketing communications, because the consent option was pre-ticked before they completed the booking process.
The Authority stated that such practices deprived consumers of genuine choice and failed to meet the legal requirement of obtaining clear and affirmative consent.
Company Changed Format but Continued Practice
During the investigation, the CCPA noted that even after it issued a notice to SpiceJet, the airline modified the interface but continued using a similar approach.
Instead of removing the default consent mechanism entirely, the company introduced another pre-ticked checkbox allowing promotional communications through SMS, WhatsApp and email.
The Authority concluded that although the presentation had changed, the underlying practice of obtaining consent through default selections continued in another form.
SpiceJet Cites Technical Error
During the proceedings, SpiceJet informed the Authority that the issue had occurred because of a technical error.
The CCPA, however, directed the airline to submit an undertaking confirming that corrective measures had been implemented and that such practices would be discontinued permanently.
The Authority stressed that digital platforms are responsible for ensuring that their user interfaces comply with consumer protection laws at all times.
CCPA Identifies Multiple Dark Patterns
The CCPA classified SpiceJet’s online booking practices under several categories of prohibited dark patterns.
Forced Action
The Authority found that consumers were automatically enrolled in the SpiceClub Loyalty Programme through a pre-selected checkbox, leaving many users enrolled without actively choosing to participate.
Interface Interference
The investigation found that the booking interface presented the company’s preferred choices as default selections, thereby influencing consumer decisions instead of allowing users to make independent choices.
Trick Question
The Authority also flagged the use of confusing and negatively worded consent language, saying it had the potential to mislead customers while they were completing the booking process.
According to the CCPA, such practices impair consumer autonomy, interfere with informed decision-making and are inconsistent with fair and transparent business conduct.
Violations of Consumer Protection Law
The CCPA held that SpiceJet’s conduct amounted to unfair trade practices under the Consumer Protection Act, 2019.
It also ruled that the airline violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates that consent from consumers must be obtained only through explicit and affirmative action.
Additionally, the Authority found the airline in violation of the Guidelines for Prevention and Regulation of Dark Patterns, 2023, which prohibit deceptive online interface designs that manipulate consumer behaviour.
The order reiterated that consent obtained through pre-ticked checkboxes, default settings or deceptive interface designs cannot be treated as valid consent under the law.
Consumer Consent Must Be Explicit
The CCPA emphasised that businesses operating digital platforms must ensure consumer consent is explicit, informed and freely given.
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The Authority stated that companies cannot rely on default settings or interface designs that encourage users to unknowingly agree to services or marketing communications.
It added that transparency and consumer choice remain fundamental principles of India’s consumer protection framework.
Union Minister Prahlad Joshi Welcomes Action
Union Consumer Affairs Minister Prahlad Joshi welcomed the CCPA’s decision and said the action sends a strong message to businesses operating in the digital marketplace.
He said, “Consumer choice must be informed, not manipulated.”
Highlighting the significance of the order, the minister added, “The Central Consumer Protection Authority (CCPA) has imposed a penalty on SpiceJet airlines for deploying deceptive ‘dark patterns’ on its flight booking platform and directed the airline to permanently discontinue default-consent practices. The action reinforces that consumer consent must always be explicit, informed and freely given.”
Strong Message for Digital Platforms
The latest action underscores the government’s increasing focus on eliminating deceptive online practices that influence consumer behaviour without their knowledge.
By penalising SpiceJet and directing it to permanently discontinue default-consent mechanisms, the CCPA has reinforced that businesses must obtain clear and voluntary consent before enrolling customers in loyalty programmes or promotional communications.
The order is expected to serve as an important precedent for e-commerce platforms, travel portals and other digital businesses, reminding them that user-friendly and transparent interfaces are not only good business practices but also legal obligations under India’s consumer protection laws.
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