JetBlue Class Action Lawsuit Filed Over Lost, Delayed Baggage

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JetBlue Airways Inc. is facing a class action lawsuit alleging it improperly keeps baggage fees from travelers whose bags have been lost, damaged or delayed.

Plaintiff Igor A. Alatortev filed the JetBlue class action lawsuit Monday in California federal court, alleging JetBlue began starting charging domestic travelers a fee to handle and transport their baggage to their destinations in June 2015.

According to the baggage fee class action lawsuit, JetBlue typically charges $25 for the first checked bag, $35 for the second bag and $100 for a third checked bag. With these baggage fees, JetBlue is obligated to handle the baggage with care and transport it to the passenger’s destination so that it would arrive with the passenger, the lawsuit alleges.

Alatortev acknowledges that some loss or delay of baggage is unavoidable. However, he asserts that JetBlue is not entitled to keep the baggage fees from passengers whose baggage is lost, delayed or damaged while in JetBlue’s care.

“Although JetBlue promises to reimburse the fees charges for transportation of a lost bag, they instead give vouchers, which require the customer to purchase further flights with JetBlue to redeem,” Alatortev states in the JetBlue class action lawsuit.

According to the JetBlue class action lawsuit, these vouchers expire after one year.

“In other words, at no time doe JetBlue ever refund the consideration paid to the customer when their bag is delayed—they instead simply attempt to make more money after the failed service,” Alatortev alleges in the JetBlue baggage fee class action lawsuit.

On May 12, 2017, Alatortev and his wife reportedly paid a $25 baggage fee to JetBlue for the handling and delivery of a bag from Boston to Sacramento, Calif. However, their flight to Sacramento was diverted to San Francisco.

When they arrived in San Francisco, Alatortev and his wife were notified that their bag had been lost, the JetBlue class action lawsuit alleges. It was reportedly not recovered until May 15, 2017 when Alatortev had to pick it up from the airport.

Instead of refunding the baggage fee, JetBlue only offered a credit that could only be used if Alatortev purchased another fare with JetBlue.

Alatortev has filed the JetBlue class action lawsuit on behalf of himself and a proposed Class of passengers who flew on a flight originating in the United States, were charged a baggage fee, and whose baggage was lost, delayed, damaged and/or destroyed while it was in the custody of JetBlue.

The JetBlue class action lawsuit asserts claims for breach of contract, unjust enrichment/quasi contract, and the breach of the covenant of good faith and fair dealing.

Alatortev has asked the court to order JetBlue to immediately refund all baggage fees charged for bags that were lost, damaged or delayed. He also seeks restitution, compensation for past and future pecuniary losses and other losses resulting from JetBlue’s allegedly unlawful conduct, pre-judgment interest, costs, attorneys’ fees, and other relief deemed proper by the court.

Alatortev is represented by David R. Ongaro of Ongaro PC.

The JetBlue Lost Baggage Class Action Lawsuit is Igor A. Alatortev v. JetBlue Airways Inc., Case No. 3:17-cv-04879-LB, in the U.S. District Court for the Northern District of California.