The Central Consumer Protection Authority (CCPA) has imposed a Rs 1 lakh penalty on SpiceJet after finding that the airline used deceptive “dark patterns” on its booking website to influence consumer choices.
The regulator examined two consent mechanisms displayed during ticket booking. The first was a pre-ticked checkbox that automatically enrolled users into the SpiceClub Loyalty Programme unless they actively deselected it. The second was an unticked checkbox stating, “I prefer not to receive future communication and newsletter from SpiceJet over text, WhatsApp or e-mail.” According to the CCPA, this negatively worded option meant consumers were automatically subscribed to promotional communications unless they opted out, impairing informed choice and violating consumer protection laws.
What did the CCPA find? The CCPA held that SpiceJet’s booking interface “was intended to secure enrolment into the loyalty programme and consent for future communications without requiring consumers to take an active and informed decision.” It added that the practice “impaired consumer autonomy and amounted to an unfair and deceptive method of obtaining consent”, bringing it within the scope of an unfair trade practice under the Consumer Protection Act, 2019.
The Authority further found that the airline’s interface:
- Created a false impression of consent: The pre-ticked checkboxes “created a misleading impression that consumers had consciously opted for such services and communications.”
- Relied on default consent: “By presuming consumer consent through default selections rather than obtaining explicit and affirmative consent, the opposite party conveyed a false representation regarding the consumer’s willingness to avail such services.”
- Influenced consumer decisions: The interface was capable of inducing consumers to enrol in the loyalty programme or subscribe to promotional communications “without making an informed and deliberate choice.”
The CCPA also interpreted Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, stating that consent “must be obtained through explicit and affirmative action” and “shall not be recorded automatically, including in the form of pre-ticked checkboxes.”
Additionally, it held that the negatively worded opt-out statement amounted to a prohibited “Trick Question”, while the default enrolment mechanism constituted “Forced Action” and “Interface Interference” under the 2023 Dark Patterns Guidelines because it steered consumers towards the company’s preferred outcome rather than presenting a neutral choice.
Dark patterns in airlines: A 2025 LocalCircles survey based on over 124,000 responses from 302 districts found that more than eight in 10 airline passengers encountered dark patterns on airline websites or apps in the past year, with IndiGo recording the highest number of complaints.
- Bait and switch: 70% of respondents…
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