In Re: Use of Dark Patterns Resulting in Unfair Trade Practices, Misleading Advertisements and Violation of Consumer Rights by SpiceJet Ltd.
The Central Consumer Protection Authority (CCPA) initiated suo motu proceedings against SpiceJet Ltd. after observing prima facie deceptive design practices on its website. The Authority noted that the booking interface displayed a pre-ticked checkbox enrolling consumers into the SpiceClub Loyalty Program and another checkbox relating to promotional communications that presented consumer choices in a misleading manner. Following a preliminary inquiry under Sections 18 and 19 of the Consumer Protection Act, 2019, the CCPA found a prima facie case of violation of consumer rights and unfair trade practices and issued a notice. SpiceJet responded that it had not engaged in deceptive practices, maintained that its website was consumer-friendly, and stated that necessary changes had already been incorporated. The matter was thereafter referred to the Director General (Investigation).
The Director General’s investigation found that although SpiceJet removed the original pre-ticked enrolment box after the CCPA notice, it introduced another pre-ticked option for receiving future communications, which continued to automatically record consumer consent. The investigation concluded that the company continued to engage in deceptive practices, potentially violating Sections 2(28) and 2(47) of the Consumer Protection Act, 2019, Rule 4 of the Consumer Protection (E-Commerce) Rules, 2020, and Clause 2(e) of the CCPA Guidelines for Prevention and Regulation of Dark Patterns, 2023.
