CCPA fines SpiceJet ₹1 lakh over ‘dark patterns’; Prahlad Joshi says consumer choice ‘must be informed, not manipulated’

The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on low-cost carrier SpiceJet for deploying deceptive "dark patterns" on its flight booking platform, directing the airline to permanently discontinue default-consent practices that allegedly influenced consumer choices.

Highlighting the regulator's action, Union Minister for Consumer Affairs, Food and Public Distribution Pralhad Joshi said the order reinforces the principle that consumers must have the freedom to make informed decisions while using digital platforms.

"Consumer choice must be informed, not manipulated. The Central Consumer Protection Authority (CCPA) has imposed a penalty on SpiceJet airlines for deploying deceptive 'dark patterns' on its flight booking platform and directed the airline to permanently discontinue default-consent practices. The action reinforces that consumer consent must always be explicit, informed and freely given," Joshi said in a post on X.

Pre-ticked consent boxes found on booking platform

According to the CCPA, SpiceJet violated the Consumer Protection (E-Commerce) Rules, 2020, as well as the Guidelines for Prevention and Regulation of Dark Patterns, 2023, by using pre-selected consent boxes for enrolment into its SpiceClub loyalty programme and for receiving promotional communications during the ticket-booking process.

The regulator observed that such default settings nudged consumers into making choices they had not actively consented to. It categorised the practices as prohibited "dark patterns", including Forced Action, which automatically enrols users into a service, and Interface Interference and Trick Questions, where design elements or confusing options influence consumer behaviour.

CCPA rejects airline's 'technical error' defence

During the proceedings, SpiceJet maintained that the issue stemmed from a technical error. However, the CCPA rejected the explanation after finding that similar pre-ticked consent mechanisms continued to exist on the airline's platform even after the regulator initiated proceedings, though in a less conspicuous manner.

Besides levying a penalty of ₹1 lakh, the authority has directed the airline to remove all default-consent mechanisms across its digital platforms and submit a compliance report within 15 days.

The latest order underscores the government's increasing focus on curbing deceptive user-interface designs across e-commerce and digital service platforms. It may be recalled that the Consumer Affairs Ministry had notified the Guidelines for Prevention and Regulation of Dark Patterns in 2023 to prohibit online practices that manipulate users into unintended purchases, subscriptions or consent.