Judge Rules Gogo In-Flight Internet Class Action Will Move Forward

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On April 8, a New York federal judge ruled that consumers pursuing a Gogo in-flight internet class action lawsuit against Gogo LLC will be allowed to pursue claims that the company tricked these consumers into signing up for automatic monthly renewal of Wi-Fi connections they purchased during domestic flights.

According to U.S. District Judge Jack Weinstein’s ruling earlier this month, the plaintiffs of this Gogo internet class action lawsuit are also not bound by mandatory arbitration and waiver of venue provisions. “Sometimes forgotten in the Internet Age, where contracts of adhesion are often the rule for online consumers, is the essential element of contract formation: mutual manifestation of assent,” he states.

In their Gogo class action lawsuit, plaintiffs Adam Berkson and Kerry Welsh claim they and other consumers were misled by the texts and graphics featured on Gogo’s website, which they allege led them to believe they were only signing up and paying for one month of Gogo in-flight internet services.

Gogo alleges Berkson, Welsh, and other Gogo consumers were notified of the length of their Gogo internet services signup, as well as the arbitration and venue provisions, when the “terms of use” page was presented to them when they sign up or logged into the Gogo internet website.

However, Judge Weinstein sided with the plaintiffs, ruling Berkson, Welsh, and others were not given an effective notice that would have spurred them or other reasonable persons to inquire further as to the length of the Gogo internet services agreement.

“In the absence of documentary, testimonial, or expert evidence about the expertise of these plaintiffs with respect to internet use, the court inferred their average capacity and understanding as internet users when they ordered Gogo’s services,” Judge Weinstein states. “It is concluded that the average internet user would not have been informed, in the circumstances present in this case, that he was binding himself to a sign-in-wrap. The sign-in-wrap used in this case does not support the venue and arbitration clauses relied upon by defendants.”

Gogo is one of the largest airline Wi-Fi providers and dominates this niche market, as it provides exclusive service on 80 percent of flights within the United States. Gogo internet services cost about $40 per month and about $10 per day.

The plaintiffs filed this Gogo in-flight internet class action lawsuit back in 2014, alleging Gogo violated a number of consumer protection laws and also breached the implied covenant of good faith and fair dealing. Soon after, Gogo submitted a motion to dismiss the class action lawsuit, arguing the plaintiffs failed to state a claim and also attempted to change the venue of the litigation to an Illinois federal court. However, Gogo was unsuccessful in their bid to dismiss the internet class action lawsuit against them.

The judge’s ruling will move this Gogo in-flight internet class action lawsuit forward and a court hearing for Class certification will take place on July 9 on this year.

The plaintiffs are represented by George Granade and Michael Reese of Reese LLP.

The Gogo In-Flight Internet Class Action Lawsuit is Berkson, et al. v. Gogo LLC, Case No. 14-CV-1199, in the U.S. District Court for the Eastern District of New York.

UPDATE: A settlement has been reached in the Gogo in-flight Internet class action lawsuit. Click here or visit www.GogoClassActionSettlement.com for instructions on how to file a claim.