CCPA Fines SpiceJet Rs 1 Lakh for Using Deceptive ‘Dark Patterns’ on Booking Platform

New Delhi: The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs one lakh on SpiceJet airlines for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform.

The CCPA stated that customers are automatically enrolled in the Spice Club Loyalty Program via a pre-ticked checkbox. Consumers were also deemed to have agreed to receive promotional messages because the default option was already selected without any action. Even after the CCPA issued a notice, the company replaced the previous method for incoming messages via text, WhatsApp, and email with another pre-ticked checkbox and continued the same practice in a different format.

During the proceedings, SpiceJet said that the problem occurred due to a technical error. The company was asked to give an undertaking that the necessary corrective steps have been taken and will continue on a permanent basis.

In flagging dark pattern concerns, the CCPA noted that the airline used a “trick question” by using confusing and negatively worded confirmation language that had the potential to mislead consumers. The authority observed that such practices undermine consumer autonomy, undermine informed decision-making and are inconsistent with the principles of fair and transparent consumer participation.

The CCPA also found that the company’s conduct violated provisions of the Consumer Protection Act 2019 and the Guidelines for the Prevention and Regulation of Dark Patterns 2023 regarding unfair trade practices, unfair contracts and misleading representations.

The decision reiterated that consumer consent must always be clear, 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 legal provisions,” the decision said.