- Central Consumer Protection Authority fined SpiceJet Rs 1 lakh for deceptive design practices on its platform
- SpiceJet used forced action, interface interference, and trick questions as dark patterns in booking process
- Consumers were auto-enrolled in SpiceClub and consented to promotions via pre-ticked checkboxes
SpiceJet automatically enrolled users on its 'loyalty programme', presented the company's preferred option as the default choice and misled them by using a "trick question" to gain consent, ruled the Central Consumer Protection Authority on Friday, as it imposed a fine of Rs 1 lakh over the "dark patterns".
The CCPA's order flagged three dark patterns on SpiceJet's platform.
The first was "forced action" -- automatic enrolment of users into the SpiceClub Loyalty Programme through a pre-ticked checkbox. The second was "Interface interference" -- presenting the company's preferred option as the default choice to influence consumer decisions. The third was "Trick question"-- using confusing, negatively worded consent language to mislead users.
"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," it said.
"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," it added.
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The body noted that SpiceJet had blamed a technical error for the issue.
The CCPA said the authority had found that such practices "impair consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement".
It said the company's conduct violated the provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contracts and misleading representations.
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"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," it added.
CCPA said it remains committed to protecting consumer rights and ensuring that digital platforms conduct business in a fair, transparent and consumer-centric manner.
"Consumer choice must be informed, not manipulated. The Central Consumer Protection Authority (CCPA) has imposed a penalty on SpiceJet for deploying deceptive dark patterns on its flight booking platform and directed the airline to permanently discontinue default-consent practices. The action reinforces that consumer consent must always be explicit, informed and freely given," Union Minister Pralhad Joshi said in a post on X.
Last month, SpiceJet received Rs 150 crore from Indian Bank under the Emergency Credit Line Guarantee Scheme (ECLGS), sources familiar with the matter told NDTV Profit. The amount marked the first tranche of a proposed Rs 500 crore funding package being processed for the airline under the government-backed credit guarantee scheme.
