The CCPA imposed a ₹1 lakh penalty on SpiceJet for using pre-ticked boxes and misleading consent practices during online bookings.
The airline was accused of automatically enrolling customers in its loyalty programme and promotional communications.
Highlights
- SpiceJet has been fined ₹1 lakh by the Central Consumer Protection Authority.
- The airline used pre-selected checkboxes on its booking platform.
- Customers were automatically enrolled in the SpiceClub loyalty programme.
- Promotional consent for SMS, WhatsApp and email was also pre-selected.
- The CCPA identified forced action, interface interference and trick questions.
- SpiceJet blamed the issue on a technical error and was directed to implement permanent corrections.
The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on SpiceJet for using misleading digital design practices, commonly known as dark patterns, on its flight-booking platform.
According to the consumer watchdog, the airline’s booking interface used pre-ticked checkboxes that automatically enrolled passengers in the SpiceClub Loyalty Programme. Customers were also treated as having agreed to receive promotional messages through SMS, WhatsApp and email without actively giving their consent.
The CCPA said SpiceJet continued using such practices even after receiving a notice. The authority found that one pre-selected checkbox had been replaced with another that continued to seek promotional consent through a default setting.
The inquiry was led by CCPA Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra.
The authority identified three dark patterns on the airline’s digital platform. The first was forced action, in which customers were automatically pushed into joining the loyalty programme.
The second was interface interference, where the platform presented the company’s preferred option as the default choice in order to influence users.
The third was a trick question, involving confusing or negatively worded consent language that could make it difficult for customers to understand what they were agreeing to.
The CCPA said these practices reduced consumer control and weakened informed decision-making. It clarified that consent obtained through pre-ticked boxes, default settings or deceptive interface designs cannot be treated as valid.
The authority found that SpiceJet had violated provisions of the Consumer Protection Act, 2019, related to unfair trade practices, unfair contract terms and misleading representations. It also cited the Consumer Protection (E-Commerce) Rules, 2020, which require consent to be given through clear and affirmative action.
During the proceedings, SpiceJet said the issue had occurred because of a technical error. The airline has now been directed to submit an undertaking confirming that corrective steps have been taken and will remain in place permanently.
