The Central Consumer Protection Authority (CCPA), headed by Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, has imposed a penalty of ₹1,00,000 (Rupees One Lakh) on SpiceJet Limited for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform.

Observations by CCPA:

· Consumers were enrolled in the Spice Club Loyalty Programme automatically through a pre-ticked checkbox.

· Consumers were also treated as having agreed to receive promotional messages because the default option was already selected, without any action from them.

· Even after CCPA issued notice, the company changed the earlier method to another pre-ticked checkbox for future messages through text messages, WhatsApp and email, continuing the same practice in a different form.

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.

CCPA Flags Dark Patterns in SpiceJet's Booking Platform:

· Forced Action – automatic enrolment of consumers into the SpiceClub Loyalty Programme through a pre-ticked checkbox.

· Interface Interference – presenting the company's preferred option as the default choice, thereby influencing consumer decision-making.

· Trick Question – use of confusing and negatively worded consent language that had the potential to mislead consumers.

The Authority observed that such practices impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.

CCPA further found that the company's conduct violated the provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contracts and misleading representations. It also held that the company had contravened: Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained through explicit and affirmative action and Guidelines for Prevention and Regulation of Dark Patterns, 2023.

The order reiterates that consumer consent must always be explicit, informed and freely given. Consent obtained through pre-ticked checkboxes, default settings or deceptive interface design is not valid and is contrary to consumer welfare and the provisions of law.

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

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RT/ SB / ARC