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 known as dark patterns on its flight booking platform.
The CCPA identified three specific violations in SpiceJet's practices: forced action through automatic enrollment of consumers into the Spice Club Loyalty Programme via a pre-ticked checkbox; interface interference by presenting the company's preferred option as the default choice to influence consumer decision-making; and trick questions using confusing and negatively worded consent language that had the potential to mislead consumers.
Despite receiving notice from CCPA, the company changed its method to another pre-ticked checkbox for future messages through text messages, WhatsApp, and email, continuing the same practice in a different form. During proceedings, SpiceJet claimed the issue occurred due to a technical error and was asked to provide an undertaking confirming that necessary corrective steps had been taken and would continue permanently.
The Authority found that these practices impair consumer autonomy, undermine informed decision-making, and are inconsistent with principles of fair and transparent consumer engagement. Specifically, CCPA held that SpiceJet violated provisions of the Consumer Protection Act, 2019 relating to unfair trade practices, unfair contracts, and misleading representations. The company also 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 the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
The order reiterates that consumer consent must always be explicit, informed, and freely given, and that consent obtained through pre-ticked checkboxes, default settings, or deceptive interface design is not valid under Indian consumer protection law.