Rs 1 lakh fine on SpiceJet for using 'dark patterns' on booking platform

The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 1 lakh on SpiceJet for deploying deceptive design practices, commonly known as 'dark patterns', on its flight booking platform, the consumer watchdog said on Friday, 17 July.

The action follows an inquiry led by chief commissioner Nidhi Khare and commissioner Anupam Mishra, which found that customers were being automatically enrolled into the airline's SpiceClub loyalty programme through a pre-ticked checkbox during the booking process.

The inquiry also found that consumers were deemed to have consented to receiving promotional messages because the opt-in option had already been selected by default, requiring no affirmative action on their part.

According to the CCPA, even after issuing a notice to the airline, SpiceJet merely replaced one pre-ticked checkbox with another — this time seeking consent for promotional messages via SMS, WhatsApp and email — thereby continuing the same practice in a different form.

During the proceedings, SpiceJet told the authority that the issue stemmed from a technical error. The airline has now been directed to submit an undertaking confirming that corrective measures have been implemented and will remain in place permanently.

The CCPA identified three separate dark patterns on the airline's platform.

The first was 'forced action', where users were automatically enrolled into the SpiceClub loyalty programme through a pre-selected checkbox.

The second was 'interface interference', in which the company's preferred option was presented as the default choice, nudging consumers towards a particular decision.

The third was a 'trick question', involving confusing and negatively worded consent language that could mislead users.

The authority said such practices "impair consumer autonomy, undermine informed decision-making" and are inconsistent with the principles of fair and transparent consumer engagement.

The CCPA held that SpiceJet's conduct violated provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contract terms and misleading representations.

It also found the airline in violation of Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained through explicit, affirmative action, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

The order said consent obtained through pre-ticked checkboxes, default settings or deceptive interface design cannot be treated as valid under the law and runs contrary to consumer welfare.

"CCPA remains committed to protecting consumer rights and ensuring that digital platforms conduct business in a fair, transparent and consumer-centric manner," the authority said.

With PTI inputs