CCPA fines SpiceJet ₹1 lakh for using ‘dark patterns’ on flight booking platform

New Delhi (Raghwendra Pratap Singh) : The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on SpiceJet for adopting deceptive user interface practices, commonly known as “dark patterns”, on its flight booking platform.

The order was passed by the authority headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra.

According to the CCPA, SpiceJet automatically enrolled consumers into its SpiceClub loyalty programme through a pre-ticked checkbox during the booking process. The airline also treated users as having consented to receive promotional messages because the option was selected by default, without requiring any affirmative action from consumers.

The authority noted that even after issuing a notice, the airline replaced the earlier method with another pre-ticked checkbox seeking consent for promotional communication via SMS, WhatsApp and email, thereby continuing the same practice in a different form.

During the proceedings, SpiceJet attributed the issue to a technical error. The airline was directed to provide an undertaking confirming that corrective measures had been implemented and would remain in place permanently.

The CCPA identified three dark patterns on the airline’s booking platform:

Forced Action: Automatic enrolment into the SpiceClub loyalty programme through a pre-ticked checkbox.

Interface Interference: Presenting the company’s preferred choice as the default option, influencing consumer decisions.

Trick Question: Using confusing and negatively worded consent language that could mislead consumers.

The authority observed that such practices undermine consumer autonomy, impair informed decision-making and are inconsistent with fair and transparent digital commerce.

It held that SpiceJet’s conduct violated provisions of the Consumer Protection Act, 2019 relating to unfair trade practices, unfair contracts and misleading representations. The airline was also found to have violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained through explicit and affirmative action, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

The CCPA reiterated that consumer consent must be explicit, informed and freely given, adding that consent obtained through pre-ticked checkboxes, default settings or deceptive interface design is invalid and contrary to consumer welfare and the law.

The authority said it remains committed to safeguarding consumer rights and ensuring that digital platforms operate in a fair, transparent and consumer-centric manner.