The central consumer protection authority (CCPA) has imposed a penalty of ₹1 lakh on SpiceJet for using pre-ticked checkboxes on its ticket-booking platform to automatically enrol customers in its loyalty programme and obtain consent for promotional communications without their explicit approval.
The order, passed by chief commissioner Nidhi Khare and commissioner Anupam Mishra, says the airline's online booking interface relied on 'dark patterns' that undermined consumer choice and violated provisions of the Consumer Protection Act, 2019.
"In the present case, the opposite party designed its interface in a manner that favoured enrolment into the SpiceClub loyalty program and subscription to promotional communications through pre-selected options. By enforcing the company's preferred outcome as the default choice and requiring consumers to actively deselect such options, the interface highlighted one course of action while obscuring an equally neutral choice," CCPA says in its order.
The authority held that these practices amounted to an unfair trade practice, an unfair contract and a misleading advertisement.
The proceedings were initiated suo motu after the CCPA examined SpiceJet's website and found that passengers booking tickets were presented with a pre-ticked option to join the airline's SpiceClub loyalty programme while entering their contact details. Since the box was already selected, consumers were enrolled unless they actively opted out.
According to CCPA, this interface design deprived consumers of the opportunity to make a conscious and informed decision because the system presumed consent instead of seeking it through an affirmative action.
The Authority also examined airline's communication preferences and found that customers were automatically subscribed to receive promotional messages unless they selected an unticked checkbox declining future communication through SMS, WhatsApp or email. It observed that the negatively worded option shifted the burden on consumers to opt out instead of requiring the airline to obtain explicit consent.
After issuing a show-cause notice in May 2024, CCPA received a response from SpiceJet denying allegations of deceptive or unfair trade practices. The airline maintained that its website was consumer-friendly and informed the regulator that it had introduced corrective changes.
However, the director general (investigation) found during the inquiry that while SpiceJet had removed the pre-ticked loyalty programme option, it had replaced the communication preference with another pre-selected checkbox indicating that passengers wished to receive promotional communications. The investigation concluded that the revised interface continued to presume customer consent rather than obtaining it explicitly.
During the hearing in March 2026, SpiceJet submitted that its loyalty programme did not provide direct monetary benefits and operated through reward points redeemable against future bookings. The airline also argued that the pre-selected communication preference resulted from a technical error that had since been rectified and assured the authority that the corrective measures had been implemented permanently.
CCPA, however, held that default selections created the false impression that consumers had voluntarily opted for these services. It observed that consent inferred through pre-ticked checkboxes altered consumers' rights and obligations without their express agreement, making such consent legally unacceptable.
The authority also noted that the airline's practices violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consent to be obtained through explicit and affirmative action and prohibits automatic recording of consent through pre-selected options.
According to the order, the booking interface employed three prohibited dark patterns identified under the Guidelines for Prevention and Regulation of Dark Patterns, 2023: Trick Question, Forced Action and Interface Interference.
Apart from imposing the ₹1 lakh penalty, CCPA directed SpiceJet to continue implementing corrective measures across its platform, ensure ongoing compliance with consumer protection laws and submit a compliance report within 15 days of receiving the order.
(Case No: CCPA-2/19/2024-CCPA; Order dated 14 July 2026)
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