New Delhi: India’s fourth-largest domestic carrier SpiceJet continued to make negative headlines as the Central Consumer Protection Authority (CCPA) on Friday imposed a ₹1 lakh penalty on the airline after finding that it used deceptive online design practices, commonly known as “dark patterns”, on its flight booking platform.
The consumer watchdog held that the airline’s booking interface violated the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
What did SpiceJet do?
According to the CCPA, SpiceJet automatically enrolled passengers into its SpiceClub loyalty programme through a pre-ticked checkbox during the ticket booking process. Because the option was selected by default, customers could become members without consciously opting in.
The authority also found that passengers were treated as having agreed to receive promotional messages because consent boxes for marketing communication had already been pre-selected. This meant customers could receive promotional SMSs, WhatsApp messages and emails without giving explicit permission.
What did CCPA object to?
The CCPA said consent must be based on an affirmative action by the consumer. A pre-ticked checkbox does not amount to valid consent because the customer is not actively making a choice.
The regulator further observed that even after issuing a notice, SpiceJet changed the interface but continued using another pre-ticked checkbox for future promotional communications, in a way continuing the same practice in a different form.
According to officials, the booking interface also used confusing and negatively worded consent language that could mislead consumers. Such practices undermine consumer autonomy and interfere with informed decision-making, officials added.
What was SpiceJet’s defence?
During the proceedings, SpiceJet defended themselves saying the issue resulted from a technical error. However, the consumer body directed the airline to submit an undertaking confirming that the necessary corrective measures had been implemented and would remain in place forever.
Which laws were violated?
The CCPA held that the airline’s practices amounted to unfair trade practices under the Consumer Protection Act, 2019. It also found violations of Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consumer consent to be obtained through explicit and affirmative action, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023.
