New Delhi, July 17 (IANS). The Central Consumer Protection Authority (CCPA) on Friday imposed a fine of Rs 1 lakh on SpiceJet Limited. The airline is accused of using ‘dark patterns’ i.e. deceptive design techniques on its flight booking platform. Under this, customers were being automatically included in the SpiceClub loyalty program without their knowledge or explicit consent and consent to sending promotional messages was also being taken through pre-selected options.
This order was issued by a bench headed by CCPA Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra. The investigation found that the airline’s online booking platform used interface design that hampers the free choice of consumers and is in violation of the provisions of the Consumer Protection Act, 2019.
“CCPA headed by Chief Commissioner Nidhi Khare and Commissioner Anupam Mishra has imposed a fine of Rs 1 lakh on SpiceJet Ltd for using deceptive design techniques like ‘dark pattern’ on its flight booking platform,” the Ministry of Consumer Affairs, Food and Public Distribution said.
According to the CCPA, customers were automatically made members of the SpiceClub loyalty program through a pre-ticked checkbox during the booking process.
Investigation also revealed that the option to receive promotional messages was also pre-selected. In such a situation, without any separate action on the part of the consumer, it was assumed that he has given consent to receive promotional messages through text messages, WhatsApp and email.
The regulator also found that even after the notice was issued, SpiceJet removed the old system and added a new pre-ticked checkbox, through which consent to send messages through SMS, WhatsApp and email in future was already recorded. That means the company continued the same process in a different way.
During the hearing, SpiceJet termed the matter as a technical error, following which the company was directed to give a written undertaking that necessary corrective measures have been implemented and will be maintained permanently in future also.
“During the hearing, SpiceJet stated that the issue was due to a technical error. The company was asked to assure that necessary corrective measures have been taken and will be permanently implemented,” the ministry said.
The CCPA said such practices impair consumers’ ability to make independent decisions, prevent them from making fully informed decisions, and are against the principles of fair and transparent consumer behavior.
The authority also held that this conduct of the airline falls under the category of unfair trade practice, unfair contract and misleading representation under the Consumer Protection Act, 2019.
–IANS
DBP
