The consumer watchdog also directed the airline to permanently discontinue such default-consent practices, saying they undermine consumer autonomy and violate the Consumer Protection Act, 2019.

Three 'dark patterns' identified

In its order issued on Friday, the CCPA identified three deceptive design practices on SpiceJet's platform:

  • Forced Action: Users were automatically enrolled in the SpiceClub Loyalty Programme through a pre-ticked checkbox.
  • Interface Interference: The airline's preferred option was presented as the default choice, influencing consumer decisions.
  • Trick Question: Confusing, negatively worded consent language was used to obtain users' permission for promotional communications.

The authority noted that customers were also deemed to have consented to receive promotional messages because the relevant option had already been selected by default.

Practice continued despite notice

The CCPA said that even after it issued a notice, SpiceJet merely altered the mechanism instead of ending the practice.

According to the order, the airline replaced the earlier pre-ticked checkbox with another default-selected option for receiving future communications via SMS, WhatsApp and email, effectively continuing the same practice in a different form.

SpiceJet attributed the issue to a technical error, the authority noted.

Violation of consumer protection law

The CCPA held that the airline's conduct impaired consumer autonomy and prevented informed decision-making.

It ruled that such practices are inconsistent with fair and transparent consumer engagement and amount to violations of provisions under the Consumer Protection Act, 2019, relating to unfair trade practices, unfair contracts and misleading representations.

The authority reiterated that valid consumer consent must always be explicit, informed and freely given.

It stressed that consent obtained through pre-ticked checkboxes, default settings or deceptive interface design cannot be considered legally valid.

Minister welcomes action

Union Consumer Affairs Minister Pralhad Joshi welcomed the order, saying the action reinforces the principle that consumer choice must be informed rather than manipulated.

In a post on X, he said the CCPA's decision sends a clear message that digital platforms must obtain explicit and informed consent from users instead of relying on deceptive design practices.

Funding boost for airline

The development comes weeks after SpiceJet received ₹150 crore from Indian Bank under the Emergency Credit Line Guarantee Scheme (ECLGS), marking the first tranche of a proposed ₹500 crore government-backed funding package being processed for the airline, according to sources familiar with the matter.