American Airlines Class Action Lawsuit Challenges Bag Fees

American Airlines was hit with a class action lawsuit alleging the company promises free checked bags to frequent flyers but then slams them with bag fees when they try to fly.

Lead plaintiff Max Bazerman alleges in his class action lawsuit that specified AA passengers are told that they are allowed to check up to three bags for no additional fee, but when they arrive for their flight, they are forced to pay checked bag fees. The plaintiff alleges that American Airlines has breached its contract with those passengers.

Bazerman claims he was promised two free checked bags when he booked a flight online with AA because of his “Platinum” status with the airline; however, when he tried to check in for his flight prior to departure, he was required to pay to check his bags.

He says that many others who were promised free bags were charged fees ranging from $25 to $200. The American Airlines class action alleges that customers with membership benefits through AA or “elite” status with other partner airlines are promised free checked bags when they purchase AA flights.

“AA drafted each contract that it enters into with each of its passengers.  The contracts include AA’s promises to provide air travel for a price, and to provide other benefits, such as transporting a certain number of the passenger’s checked bags for no additional charge.  However, AA failed to honor its checked bag promises in the standardized software system that AA uses to determine whether passengers must pay for checked bags when they check in at the Airport,” the American Airlines class action states.

According to the class action lawsuit, AA’s software, Passenger Service System, forces passengers to pay a fee to check a bag regardless of their passenger contract that may have promised free checked bags. The plaintiff points out that AA outpaced its competitors by 28 percent in the collection of checked bag fees to the tune of $1.117 billion in revenue in 2016 alone.

“One way AA increases the revenue it receives from checked bag fees is to systematically charge checked bag fees to certain passengers in breach of its passenger contracts,” the plaintiff claims.

Bazerman seeks to represent a nationwide Class of AA passengers who were promised free checked bags by American Airlines, but were then forced to pay checked bag fees within the past four years. The class action lawsuit accuses AA of breach of contract.

The plaintiff is seeking damages and return of all checked bag fees, as well as a court order stopping American Airlines from charging bag fees in violation of passenger contracts.

Bazerman is represented by Benjamin Edelman of the Law Offices of Benjamin Edelman, and Linda M. Dardarian, Byron Goldstein and Raymond Wendell of Goldstein Borgen Dardarian & Ho.

The American Airlines Checked Bag Fee Class Action Lawsuit is Bazerman v. American Airlines Inc., Case No. 1:17-cv-11297-MB, in the U.S. District Court for the District of Massachusetts.

UPDATE July 18, 2018: American Airlines has agreed to a checked bag fee class action settlement, which has been granted preliminary approval by the court. Top Class Actions will let our viewers know as soon as the claim form is available.

UPDATE 2: July 2018, the American Airlines checked baggage fee class action settlement is now open. Click here to file a claim.