CCPA fines SpiceJet Rs 1 lakh for using dark patterns on flight booking platform

NEW DELHI: Booking a flight should not come with hidden baggage. The Central Consumer Protection Authority (CCPA) has imposed a Rs 1 lakh penalty on SpiceJet Limited after finding that the airline used “dark patterns” on its flight booking platform that nudged consumers into giving consent they may not have intended.

The order, issued by the consumer watchdog headed by Nidhi Khare, chief commissioner, and Anupam Mishra, commissioner, held that SpiceJet’s booking interface relied on deceptive design practices that compromised consumer choice and violated India’s consumer protection laws.

According to the CCPA, passengers booking flights were automatically enrolled into the SpiceClub loyalty programme through a pre-ticked checkbox, meaning consumers were signed up unless they actively opted out.

The authority also found that users were treated as having consented to receive promotional communications because the default option was already selected, without requiring any affirmative action from them.

During the investigation, the regulator observed that even after receiving a notice from the CCPA, SpiceJet altered the interface but continued using pre-ticked consent boxes for future marketing communications through SMS, WhatsApp and email.

SpiceJet told the authority that the issue resulted from a technical error. However, the CCPA directed the airline to provide an undertaking confirming that corrective measures had been implemented and would remain in place permanently.

The regulator classified SpiceJet’s practices under three prohibited dark patterns outlined in the Guidelines for Prevention and Regulation of Dark Patterns, 2023.

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

The second was interface interference, with the company’s preferred option displayed as the default choice, influencing users’ decisions during the booking process.

The third involved a trick question, where confusing and negatively worded consent language had the potential to mislead consumers about what they were agreeing to.

The authority said these practices impaired consumer autonomy, undermined informed decision-making and failed to meet the standards of fair and transparent digital commerce.

The CCPA held that SpiceJet’s conduct amounted to violations of the Consumer Protection Act, 2019, including provisions relating to unfair trade practices, unfair contracts and misleading representations.

It also found that the airline had contravened Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires businesses to obtain consumer consent through explicit and affirmative action.

Additionally, the airline was found to have violated the Guidelines for Prevention and Regulation of Dark Patterns, 2023, which prohibit deceptive user interface designs that manipulate consumer choices.

In its order, the authority reiterated that valid consumer consent must be explicit, informed and freely given.

It clarified that consent obtained through pre-ticked checkboxes, default settings or deceptive interface design does not meet the requirements of Indian consumer protection law and is contrary to consumer welfare.

The action against SpiceJet marks another step in the CCPA’s ongoing efforts to curb dark patterns across digital platforms and reinforce the principle that online businesses must provide consumers with genuine, informed choices rather than relying on interface design to influence decisions.