CCPA imposes ₹1 lakh penalty on SpiceJet for use of dark patterns on flight booking platform

Key Highlights:

• Central Consumer Protection Authority (CCPA) imposed a ₹1 lakh penalty on SpiceJet Limited.
• The penalty was for using "dark patterns" on its flight booking platform.
• Practices included pre-ticked checkboxes for automatic enrollment in the Spice Club Loyalty Programme and promotional messages.
• Violations were cited under the Consumer Protection Act, 2019, Consumer Protection (E-Commerce) Rules, 2020, and Guidelines for Prevention and Regulation of Dark Patterns, 2023.

Detailed Insights:

• The CCPA identified specific dark patterns such as 'Forced Action', 'Interface Interference', and 'Trick Question'.
• SpiceJet automatically enrolled consumers in its Spice Club Loyalty Programme and opted them into promotional messages without explicit consent.
• The airline also used confusing and negatively worded consent language to influence consumer decision-making.
• The CCPA emphasized that consumer consent must always be explicit, informed, and freely given, not manipulated.
• This action reinforces the CCPA's commitment to ensuring fair, transparent, and consumer-centric digital business practices.

Key Concepts Involved:

• Central Consumer Protection Authority (CCPA): A regulatory body established under the Consumer Protection Act, 2019, to protect consumer rights.
• Dark Patterns: Deceptive design practices on digital interfaces that manipulate users into making choices they might not otherwise intend.
• Consumer Protection Act, 2019: Indian law that safeguards consumer interests, addressing unfair trade practices and e-commerce.
• Guidelines for Prevention and Regulation of Dark Patterns, 2023: Specific regulations issued by the CCPA to curb manipulative online design practices.