The Central Consumer Protection Authority (CCPA) has imposed a penalty of Rs 1 lakh on SpiceJet for using pre-ticked checkboxes to enrol consumers in its SpiceClub loyalty programme and obtain their consent for promotional communications. The Authority has held that the airline’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 CCPA has initiated the case suo motu after examining SpiceJet’s website, as per media reports. It has found that the booking interface displayed a pre-ticked checkbox enrolling consumers in the SpiceClub Loyalty Programme and another negatively worded checkbox for opting out of promotional communications, effectively making decisions on behalf of consumers without their active consent.
Following a preliminary inquiry, the CCPA has issued a notice to SpiceJet on May 14, 2024. The airline has denied engaging in deceptive or unfair trade practices, stating that its website was customer-friendly and that the necessary changes had already been implemented.
However, the Director General (Investigation) has found that while SpiceJet removed the pre-ticked loyalty programme option, it replaced the communication preference with another pre-ticked checkbox indicating that passengers preferred to receive communications through text messages, WhatsApp or email. The investigation has concluded that the airline continued to obtain presumed consent instead of explicit and informed consent.
During a hearing in March 2026, SpiceJet’s representative has stated that the loyalty programme operated through redeemable points and was not intended to provide any monetary benefit. The representative has also submitted that the pre-ticked communication option resulted from a technical error, which has since been rectified. SpiceJet has further undertaken that all corrective measures have been implemented permanently.
The CCPA has nevertheless held that default selections created a misleading impression that consumers had consciously opted for the services. It has ruled that pre-ticked consent imposed unreasonable conditions that altered consumers’ rights without their express agreement and violated Rule 4(9) of the Consumer Protection (E-Commerce) Rules, 2020, which requires explicit and affirmative consumer consent.
The Authority has classified SpiceJet’s interface as involving the prohibited dark patterns of “Trick Question”, “Forced Action” and “Interface Interference” under the 2023 CCPA Guidelines. It has directed the airline to retain its corrective measures, ensure continued compliance with consumer protection laws and submit a compliance report within 15 days of receiving the order. SpiceJet has been represented by its authorised representative, Jasbir Chaudhary.
