What happened
The Central Consumer Protection Authority (CCPA) imposed a ₹1,00,000 penalty on SpiceJet Limited for using deceptive design practices, also called dark patterns, on its flight booking platform. The CCPA said the booking interface pushed consumers into consent and loyalty enrolment through default selections rather than explicit action.
The CCPA said consumers were automatically enrolled in the Spice Club Loyalty Programme through a pre-ticked checkbox. The CCPA also said consumers were treated as having agreed to promotional messages because the default option was already selected.
After the CCPA issued notice, SpiceJet Limited changed the method to another pre-ticked checkbox for future messages through text messages, WhatsApp and email. The CCPA treated the new checkbox design as a continuation of the same deceptive practice in a different form.
Background and earlier position
Indian consumer law now treats digital consent design as a regulatory issue. The Consumer Protection Act, 2019 covers unfair trade practices, unfair contracts and misleading representations. The Consumer Protection (E-Commerce) Rules, 2020 require consumer consent to be obtained through explicit and affirmative action.
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