The encyclopedia · Advertising & PR · Marketing decision · 2026
SpiceJet's pre-ticked boxes enrolled flyers in loyalty and marketing — CCPA fined it
Pre-ticked checkboxes auto-enrolled SpiceJet flyers in its loyalty programme and marketing lists. After the notice, the airline kept ticking boxes.
SpiceJet · 2026-07-17
What happened
On SpiceJet's booking platform, consent was decided before the passenger touched it: a pre-ticked checkbox auto-enrolled flyers into the Spice Club Loyalty Programme, and consent for promotional messages was pre-selected by default. The consent language itself was negatively worded and confusing — what the CCPA classified as a trick question.
After the CCPA issued a notice, SpiceJet changed the method — to another pre-ticked checkbox, this time for future SMS, WhatsApp and email messages. During proceedings the airline attributed the practice to a 'technical error'.
On 17 July 2026 the CCPA imposed a ₹1 lakh penalty under the Consumer Protection Act 2019, the E-Commerce Rules 2020 and the Dark Patterns Guidelines 2023, and directed SpiceJet to permanently discontinue default-consent practices, file an undertaking that corrections would persist, and obtain consent that is explicit, informed and freely given. 'Consumer choice must be informed, not manipulated,' consumer affairs minister Pralhad Joshi said.
Why it happened
- A pre-ticked box manufactures consent: the flyer who does nothing is enrolled, and silence is read as yes.
- The fix repeated the flaw: after the regulator's notice, the airline swapped one pre-ticked box for another — evidence the pattern was the design, not a bug.
- Negatively worded consent text turns agreement into a puzzle: confusing wording is a trick question when the default is already chosen.
The lesson
Consent must be affirmative, not inherited: a pre-ticked box is a dark pattern, and fixing it by swapping in another pre-ticked box is how a ₹1 lakh fine becomes a precedent.
Aftermath
SpiceJet was ordered to file an undertaking confirming corrective steps will continue permanently, and to ensure all consumer consent is explicit, informed and freely given. The order joined the CCPA's 2026 dark-patterns enforcement wave alongside PhysicsWallah and McAfee.
Sources
- PIB: CCPA imposes ₹1 lakh penalty on SpiceJet for dark patterns on flight booking platform (17 July 2026)
- MediaNama: CCPA fines SpiceJet Rs 1 lakh for dark patterns (16 July 2026)
spotted an error? The club wants to know.
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