SpiceJet fined Rs 1 lakh for deploying ‘deceptive’ dark patterns on flight booking platform

Cash-strapped SpiceJet airlines has been fined Rs 1 lakh for deploying deceptive “dark patterns” on its flight booking platform, the Central Consumer Protection Authority (CCPA) said.

The airline has been directed to permanently discontinue default-consent practices that could mislead consumers and influence their booking decisions.

The violations found by CCPA include automatic enrolment into SpiceClub; pre-selected consent for promotional communications; and deceptive interface design influencing consumer decisions.

“The action reinforces that consumer consent must always be explicit, informed and freely given. Consumer choice must be informed, not manipulated,” Union minister Pralhad Joshi said in a post on X.

The order basically says an airline should not trick a consumer into opting for more than what he or she wishes with default consent practices.

The order follows an inquiry led by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, which found that users were automatically enrolled in SpiceJet’s SpiceClub loyalty programme through a pre-ticked checkbox.

Consumers were also deemed to have consented to receiving promotional messages because the opt-in option had already been selected by default, without any affirmative action on their part.

The consumer watchdog said the airline continued the practice even after receiving a notice from the authority.

According to the CCPA, SpiceJet replaced the original pre-ticked checkbox with another one that automatically opted users into receiving promotional messages through SMS, WhatsApp and email, effectively retaining the same design practice in a different form.

During the proceedings, SpiceJet told the authority that the issue stemmed from a technical error.

The airline has now been directed to submit an undertaking confirming that the corrective measures have been implemented and will remain in force permanently.

The CCPA identified three separate dark patterns on SpiceJet’s platform.

The first was “forced action”, under which users were automatically enrolled in the SpiceClub loyalty programme through a pre-selected checkbox.

The second was “interface interference”, where the airline’s preferred option was presented as the default choice to steer consumers towards a particular decision.

The third was “trick question”, involving the use of confusing, negatively worded consent language that was likely to mislead consumers while obtaining their approval.

The authority said such practices “impair consumer autonomy, undermine informed decision-making” and are inconsistent with the principles of fair and transparent consumer engagement.

The CCPA held that SpiceJet’s conduct violated provisions of the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contract terms and misleading representations.

It also found the airline in breach 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.