CCPA fines SpiceJet Rs 1 lakh for using dark patterns on booking platform
New Delhi, July 17
The Central Consumer Protection Authority on Friday imposed a penalty of Rs 1 lakh on SpiceJet Limited for adopting deceptive design practices, commonly known as "dark patterns", on its flight booking platform by automatically enrolling consumers into its loyalty programme and obtaining consent for promotional communications through pre-selected options.
The order was passed by the CCPA headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra after the authority found that the airline's online booking platform used interface designs that impaired consumer choice and violated provisions of the Consumer Protection Act, 2019.
"The CCPA, headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, has imposed a penalty of Rs 1,00,000 on SpiceJet Limited for adopting deceptive design practices, commonly known as dark patterns, on its flight booking platform," the Ministry of Consumer Affairs, Food & Public Distribution said.
According to the CCPA, consumers were automatically enrolled in the SpiceClub Loyalty Programme through a pre-ticked checkbox during the booking process.
The authority also found that users were deemed to have consented to receive promotional messages because the relevant option was selected by default without requiring any affirmative action from consumers.
The regulator observed that even after it issued a notice to the airline, SpiceJet replaced the earlier design with another pre-ticked checkbox for receiving future communications through text messages, WhatsApp and email, thereby continuing the same practice in a different form.
During the proceedings, SpiceJet attributed the issue to a technical error. The airline was subsequently directed to submit an undertaking confirming that the necessary corrective measures had been implemented and would remain in place permanently.
"During the proceedings, SpiceJet said the issue happened because of a technical error. The company was asked to give an undertaking confirming that the necessary corrective steps had been taken and would continue permanently, the ministry stated.
The authority said such practices undermine consumer autonomy, impair informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.
The CCPA further held that the airline's conduct amounted to unfair trade practices, unfair contracts and misleading representations under the Consumer Protection Act, 2019.
— IANS
Reader Comments
Classic Indian corporate behavior - get caught, blame it on a "technical error". 😏 If it was really an error, why did they just replace one pre-ticked checkbox with another? The CCPA notice was clear, and they still tried to bypass it. This shows they were knowingly manipulating users. Good that the regulator is waking up, but penalties need to be much higher to actually deter such practices.
As someone who travels frequently between Bangalore and Delhi, I've fallen for this multiple times. You're rushing to book a flight and don't notice the pre-ticked boxes. Then suddenly you're getting promotional WhatsApp messages nonstop. It's exhausting having to unsubscribe from everything. But honestly, ₹1 lakh is pocket change for SpiceJet. They probably spend more on their in-flight snacks than this fine. Need stronger deterrents.
Good step by CCPA, but I wish they had gone after the bigger players too. Every airline, every e-commerce site does this. The booking flow is deliberately confusing - they hide the opt-out options, use confusing language, and auto-subscribe you to everything. We need a comprehensive law that bans these dark patterns outright, not just fines that companies factor into their operating costs.
While I appreciate the regulator's effort, I think we consumers also need to be more vigilant. Always check those pre-ticked boxes before clicking 'Book' - it's like checking the fine print on a loan document. That said, companies shouldn't be designing interfaces to trick users in the first place. Nice move by CCPA, but SpiceJet's "technical error" excuse is laughable. Hope this sets a precedent for other consumer complaints. 🇮🇳
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