New Delhi: The Central Consumer Protection Authority (CCPA) on Friday, July 17, imposed a penalty of Rs 1 lakh on SpiceJet Limited for adopting deceptive design practices, commonly known as “dark patterns”, on its flight booking platform by automatically enrolling consumers into its loyalty programme and obtaining consent for promotional communications through pre-selected options.
The order was passed by the CCPA headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra after the authority found that the airline’s online booking platform used interface designs that impaired consumer choice and violated provisions of the Consumer Protection Act, 2019.
“The CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, has imposed a penalty of Rs 1,00,000 on SpiceJet Limited for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform,” the Ministry of Consumer Affairs, Food & Public Distribution said.
According to the CCPA, consumers were automatically enrolled in the SpiceClub Loyalty Programme through a pre-ticked checkbox during the booking process.
The authority also found that users were deemed to have consented to receive promotional messages because the relevant option was selected by default without requiring any affirmative action from consumers.
The regulator observed that even after it issued a notice to the airline, SpiceJet replaced the earlier design with another pre-ticked checkbox for receiving future communications through text messages, 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 subsequently directed to submit an undertaking confirming that the necessary corrective measures had been implemented and would remain in place permanently.
“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, the ministry stated.
The authority said such practices undermine consumer autonomy, impair informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.
The CCPA further held that the airline’s conduct amounted to unfair trade practices, unfair contracts and misleading representations under the Consumer Protection Act, 2019.
