CCPA Penalizes SpiceJet for Consumer Consent Violations
The Central Consumer Protection Authority (CCPA) has levied a fine of ₹1 lakh on SpiceJet for employing pre-ticked checkboxes that automatically enrolled consumers into its loyalty programme and acquired consent for promotional communications. This decision, made by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra, determined that SpiceJet’s online booking system compromised consumer autonomy, thus breaching provisions of the Consumer Protection Act, 2019.
The CCPA’s order highlighted that the design of SpiceJet’s interface aimed to enroll consumers into the loyalty programme and secure consent for promotional messages without requiring them to make an informed and voluntary choice. The authority initiated this case on its own accord after scrutinizing SpiceJet’s website.
Upon selecting their travel details, consumers encountered a pre-ticked checkbox on the contact-details page with a statement: “Enrol me in the SpiceClub Loyalty Program. I confirm that I’m over the age of 18.” The CCPA stated that this pre-selection effectively made decisions on behalf of consumers, even though they had not actively opted into the programme.
Additionally, an unticked checkbox read: “I prefer not to receive future communication and newsletter from SpiceJet over text, WhatsApp or e-mail.” If left unchecked, consumers would be automatically subscribed to SpiceJet’s communications.
Investigation and Findings
Following a preliminary inquiry, the CCPA issued a notice to SpiceJet on May 14, 2024. The airline argued against allegations of deceptive practices, claiming its website was user-friendly and that necessary adjustments had been made. Nevertheless, the Director General (Investigation) observed that although the pre-ticked loyalty programme option had been removed, a new pre-ticked box was introduced, indicating a preference to receive communications via text, WhatsApp, or email.
The investigation concluded that SpiceJet continued to make decisions for consumers instead of securing explicit consent. In a hearing held in March 2026, SpiceJet’s representative explained that the loyalty programme did not offer direct monetary benefits but functioned through redeemable points for ticket bookings. The representative also attributed the pre-ticked communication option to a technical error, since rectified.
SpiceJet provided an undertaking that corrective measures had been permanently implemented. However, the CCPA maintained that default selections misled consumers into believing they had consciously opted for these services, imposing unreasonable conditions altering their rights without their express agreement.
Legal Implications and Compliance
By presuming consumer consent through default selections rather than obtaining explicit and affirmative consent, the CCPA found SpiceJet’s practices misleading. The authority pointed out that these actions contravened Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which mandates consent to be obtained through explicit action, prohibiting automatic recording through pre-ticked checkboxes.
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The CCPA classified these practices under three prohibited dark patterns as per the 2023 CCPA Guidelines: “Trick Question”, “Forced Action”, and “Interface Interference.” SpiceJet has been directed to maintain its corrective measures, ensure ongoing compliance with consumer protection laws, and submit a compliance report within 15 days of the order.
Jasbir Chaudhary represented SpiceJet in this matter.
