Is Your Airline Tricking You Into Extra Services? SpiceJet Fined ₹1 Lakh For Deceptive Digital Tactics
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Mumbai: India’s consumer protection watchdog has cracked down on deceptive digital tactics in the aviation sector. The Central Consumer Protection Authority (CCPA) has imposed a financial penalty of Rs 1 lakh on low-cost carrier SpiceJet for deploying misleading user interface tactics, commonly known as dark patterns, on its online flight booking platform. The regulatory order follows a rigorous inquiry led by CCPA chief commissioner Nidhi Khare and commissioner Anupam Mishra. The investigation revealed that SpiceJet utilised deceptive design features to influence consumer choices and manipulate consent during the ticket purchase process.The CCPA’s ruling specifically called out SpiceJet for deploying three distinct categories of prohibited digital design practices on its platform, all intended to override explicit passenger choices. This included forced action, interface interference and deployment of a trick question. Under the first category, consumers purchasing flights were automatically enrolled into the airline’s ‘SpiceClub Loyalty Programme’ via a pre-ticked checkbox. Passengers were effectively forced into a membership system without actively choosing to join.
The CCPA noted that the airline deliberately structured its booking interface to highlight and pre-select its own preferred commercial outcomes, such as enrolling users in promotional loops, as the default option, aggressively steering consumer decision-making.
The regulatory watchdog also pulled up SpiceJet for utilising highly confusing, negatively worded consent language regarding promotional opt-outs. This copy was intentionally structured to mislead consumers into granting corporate approvals under the guise of standard booking verification.The CCPA initiated the case suo motu after evaluating the airline’s digital infrastructure. The watchdog issued its initial notice to SpiceJet on May 14, 2024. Despite the regulatory warning, the airline failed to immediately align with compliance standards.According to the Director General of Investigation, when SpiceJet removed the initial pre-ticked loyalty option, it simply replaced it with another pre-ticked confirmation. This secondary design automatically presumed that passengers preferred to receive promotional messages via SMS, WhatsApp, and email, maintaining the default-consent strategy in a modified format.The consumer watchdog held that obtaining consent via default settings directly violates Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates that consumer authorisation must only be secured through explicit, active, and affirmative action. Furthermore, SpiceJet’s digital architecture breached foundational provisions of the Consumer Protection Act, 2019, governing unfair trade practices, unfair contract terms, and misleading corporate representations, alongside the specialised Guidelines for Prevention and Regulation of Dark Patterns, 2023.Also Watch:
During the formal administrative proceedings, SpiceJet was represented by its authorised representative, Jasbir Chaudhary. The airline denied engaging in deliberate deceptive practices, arguing that its e-commerce website was built to be customer-friendly and that the controversial consent loops stemmed from an unintentional technical error.While SpiceJet argued that the loyalty programme operates strictly through redeemable travel points without direct monetary liabilities, the CCPA rejected technical glitches as a valid defense for undermining consumer autonomy. The regulator emphasised that passive, pre-ticked agreement structures alter consumer rights without an express agreement, creating a false impression of conscious user intent.The CCPA imposed a fine of Rs 1 lakh and directed SpiceJet to submit a formal undertaking confirming that all default-consent practices have been permanently removed. The airline must ensure that its online architecture remains fully compliant with domestic consumer welfare laws and file an official compliance report with the authority within 15 days of the order. The Free Press Journal contacted SpiceJet but did not receive any response until the report was published.Union Minister for Consumer Affairs, Pralhad Joshi, strongly backed the regulatory action, stating on social media that consumer choices must always be informed and never manipulated. To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/