TSA Class Action Says PreCheck Fliers Owed Rebate

The United States Department of Homeland Security’s Transportation Security Administration (TSA) has been hit with a class action lawsuit by an airline traveler who claims that the entity owes her an $85 refund.

Plaintiff Katherine Rosenberg-Wohl alleges that the TSA runs an expedited security screening program which permits travelers to go through security quicker than the normal screening process.

The TSA class action lawsuit states that in February 2017, the defendant lessened access to this expedited screening except for those that are enrolled in its “Trusted Traveler Programs.” One such program is TSA PreCheck,

The plaintiff alleges that she paid for the TSA PreCheck program with her United Explorer credit card provided by JPMorgan Chase & Co.

Rosenberg-Wohl says she was supposed to get a credit of $85 to her credit card within 24 hours as per the terms promised by the TSA and JPMorgan Chase.  

When she contacted the credit card company, she was told that the reason why she did not receive her refund was that her Explorer Card is a “business” card, and not a “consumer” card.

“Nothing in the contractual language written by either TSA or by Chase distinguishes between a business card and a consumer card: all that is mentioned is an Explorer Card,” the TSA class action lawsuit states.

The plaintiff also alleges that the difference between a business card and an individual card is meaningless. The only difference, claims Rosenberg-Wohl, is that the business card separates each family member’s purchase into different accounts. In addition, TSA PreCheck is not offered to businesses, only individuals, the plaintiff claims.

“Plaintiff has demanded that TSA, on the one hand, and Chase, on the other hand, correct this problem as required under California’s CLRA (Consumers Legal Remedies Act),” the TSA class action lawsuit argues.

Also, the TSA class action lawsuit states that the TSA and Chase have taken the same stance to the Global Entry program, which is another expedited screening program. That program offers a $100 rebate for travelers. 

The TSA class action lawsuit states that the plaintiff in this case is the wife of the plaintiff’s attorney and thus, there is a potential conflict of interest inherent in this case. 

The plaintiff states that courts are sometimes concerned that the Class representatives of class actions sometimes get “sweetheart” deals at the expense of other Class Members. Rosenberg-Wohl states that this conflict will not occur because any settlement that is awarded to the plaintiff will be the same as any consumer in her position.

The TSA class action alleges common law breach of contract, common law conversion/quantum meruit/restitution, violation of California’s unfair competition statutes, false advertising, and consumer fraud.

Potential Class Members include: “All U.S. consumers from any date to the present who have purchased TSA Precheck with Explorer Cards that are business cards [and] [a]ll U.S. consumers from any date to the present who have purchased Global Entry with Explorer Cards that are business cards.”

Did you purchase TSA PreCheck or Global Entry with Explorer Cards and did not receive the credit you were promised? Leave a message in the comments below.

The plaintiff is represented by David M. Rosenberg-Wohl of Hershenson Rosenberg-Wohl PC.

The TSA PreCheck Class Action Lawsuit is Rosenberg-Wohl v. U.S. Department of Homeland Security’s Transportation Security Administration (TSA), et al. Case No. 3:19-cv-06159, in the U.S. District Court for the Northern District of California.

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