The Central Consumer Protection Authority (CCPA) on Friday, 17 July imposed a penalty of ₹1 lakh on SpiceJet Limited for deploying deceptive interface designs — commonly called 'dark patterns' — on its flight booking platform. The authority found that SpiceJet automatically enrolled consumers into its loyalty programme and obtained consent for promotional communications through pre-selected checkboxes, without requiring any affirmative action from users.

What the CCPA Found

The order was passed by the CCPA under Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra. The authority determined that SpiceJet's booking interface used design elements that impaired consumer choice, in violation of the Consumer Protection Act, 2019.

Specifically, consumers were automatically enrolled in the SpiceClub Loyalty Programme via a pre-ticked checkbox during the booking process. Separately, users were treated as having consented to receive promotional messages — through SMS, WhatsApp, and email — because the relevant option was selected by default.

Airline's Response and Continued Non-Compliance

During proceedings, SpiceJet attributed the issue to a technical error. However, the CCPA noted that even after it issued a formal notice, the airline replaced the original pre-ticked design with another pre-ticked checkbox for future communications — effectively continuing the same practice in a different form.

The airline was subsequently directed to submit an undertaking confirming that corrective measures had been implemented and would remain in place permanently.

Regulatory Findings and Legal Basis

The Ministry of Consumer Affairs, Food and Public Distribution confirmed the penalty order, stating that such practices 'undermine consumer autonomy, impair informed decision-making and are inconsistent with the principles of fair and transparent consumer engagement.'

The CCPA held that SpiceJet's conduct amounted to unfair trade practices, unfair contracts, and misleading representations under the Consumer Protection Act, 2019. The ruling marks a significant enforcement action under India's evolving dark-pattern regulatory framework.

Broader Context: India's Crackdown on Dark Patterns

This is not an isolated action. The CCPA has been stepping up scrutiny of digital platforms and e-commerce players for manipulative design practices since the Guidelines for Prevention and Regulation of Dark Patterns, 2023 came into effect. SpiceJet's case is among the first in the aviation sector, signalling that airlines and travel booking platforms are now firmly within the regulator's crosshairs.

The aviation sector's heavy reliance on ancillary revenue — through add-ons, loyalty enrolments, and promotional upsells — makes it particularly susceptible to such regulatory challenges. With consumer grievances in online travel booking rising steadily, further enforcement actions against other carriers cannot be ruled out.