CCPA fines SpiceJet ₹1 lakh for using dark patterns to obtain consumer consent for loyalty programme

The Central Consumer Protection Authority (CCPA) has imposed a penalty of ₹1 lakh on SpiceJet for using pre-ticked checkboxes to enrol consumers in its loyalty programme and obtain their consent for promotional communications.

Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra held that SpiceJet’s booking interface impaired consumer autonomy and amounted to an unfair trade practice, an unfair contract and a misleading advertisement under the Consumer Protection Act, 2019.

“The impugned interface design was intended to secure enrolment into the loyalty programme and consent for future communications without requiring consumers to take an active and informed decision,” the order said.

The CCPA had initiated the case suo motu after examining SpiceJet’s website. It found that after passengers selected their destination, travel date and fare, the contact-details page displayed a pre-ticked checkbox stating, “Enrol me in the SpiceClub Loyalty Program. I confirm that I’m over the age of 18.”

According to CCPA, this design automatically made a decision on behalf of consumers even though they had not actively chosen to join the programme.

The website also displayed an unticked checkbox stating, “I prefer not to receive future communication and newsletter from SpiceJet over text, WhatsApp or e-mail.”

A passenger who did not tick this negatively worded option would consequently be subscribed to SpiceJet’s communications.

Following a preliminary inquiry, the CCPA issued a notice to SpiceJet on May 14, 2024. The airline denied indulging in deceptive or unfair trade practices and said its website was customer-friendly. It also claimed that the necessary changes had been made.

However, the Director General (Investigation) found that although SpiceJet removed the pre-ticked loyalty-programme option, it replaced the earlier communication preference with a new pre-ticked box stating that the passenger preferred to receive communications through text, WhatsApp or email.

The investigation concluded that SpiceJet continued to make decisions on behalf of consumers instead of securing their explicit and informed consent.

During a hearing in March 2026, SpiceJet’s representative said the loyalty programme was not intended to provide any monetary benefit and operated through points that could be used while booking tickets. He further contended that the pre-ticked communication option was caused by a technical error and has since been rectified.

SpiceJet subsequently gave an undertaking that all corrective measures have been implemented permanently.

The CCPA nevertheless held that default selections created a misleading impression that consumers had consciously opted for the services. It added that pre-ticked consent imposed an unreasonable condition that altered consumers’ rights and obligations without their express agreement.

“By presuming consumer consent through default selections rather than obtaining explicit and affirmative consent, the opposite party conveyed a false representation regarding the consumer’s willingness to avail such services,” the CCPA ruled.

The Authority also found the interface contrary to Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires consent to be obtained through explicit and affirmative action and prohibits its automatic recording through pre-ticked checkboxes.

The practices were classified as three prohibited dark patterns under the 2023 CCPA Guidelines: “Trick Question”, “Forced Action” and “Interface Interference”.

SpiceJet was directed to retain its corrective measures, comply continuously with consumer protection laws and submit a compliance report within 15 days of receiving the order.

SpiceJet was represented by its authorised representative Jasbir Chaudhary.

[Read Order]