SpiceJet Fined ₹1 Lakh for Deceptive Booking Practices
The Central Consumer Protection Authority (CCPA) has levied a fine of ₹1,00,000 (Rupees One Lakh) on SpiceJet Limited for employing misleading design tactics on its flight booking site. This decision reflects the CCPA’s commitment to safeguarding consumer rights in the digital marketplace. Under the leadership of Chief Commissioner Smt. Nidhi Khare and Commissioner Shri Anupam Mishra, the authority found that SpiceJet had been using ‘dark patterns’ that compromise consumer choice.
The CCPA detailed several deceptive practices found on the airline’s platform. First, consumers were automatically signed up for the Spice Club Loyalty Programme without their explicit consent via a pre-ticked checkbox. Additionally, customers were assumed to have agreed to receive promotional communications simply because the default option was pre-selected.
Even after the CCPA issued a notice to the airline regarding these practices, SpiceJet attempted to circumvent the issue by changing the method from a pre-ticked checkbox for promotional messages to another similar setup for texts, WhatsApp, and emails. These actions were classified as continuous violations of the principles of fair consumer practices.
During the hearings, SpiceJet attributed the issue to a technical error but was still required to provide assurance that corrective actions would be implemented and maintained permanently moving forward. The CCPA noted that these deceptions harm consumer autonomy and negate informed decision-making, which are crucial to fair engagement with customers.
CCPA’s Findings on Deceptive Practices
The report from the CCPA specifically enumerated the misleading tactics used by SpiceJet:
- Forced Action: Automatic enrollment into the loyalty program via a pre-ticked checkbox.
- Interface Interference: Presenting the company’s preferred options as default, manipulating consumer choices.
- Trick Question: Using confusing language that misleads consumers into giving consent.
The authority determined that these acts not only violated the Consumer Protection Act, 2019, concerning unfair trade practices and misleading representations, but also breached the Consumer Protection (E-Commerce) Rules, 2020. Furthermore, the airline’s actions were inconsistent with the recently established Guidelines for Prevention and Regulation of Dark Patterns, 2023, which require that consumer consent must be both explicit and freely given.
The order serves as a reminder that consent obtained through pre-ticked options, default settings, or deceptive interface designs is neither valid nor acceptable under consumer law. The CCPA’s ongoing efforts highlight the need for fair practices in digital commerce, ensuring that companies prioritize transparency and consumer protection.
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