Spirit Airlines class action alleges bait-and-switch pricing tactics

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Spirit Airlines Inc. has been accused of using bait-and-switch tactics by promising consumers a low airfare but subsequently charging excessive fees for other services that make up the difference in the purported discount.

“Spirit falsely misled the Plaintiff and numerous other consumers, and continues to mislead consumers, into believing they are purchasing low airfare, when, in fact, Spirit makes up whatever discount it purports to give consumers in fraudulent and unwarranted charges,” the Spirit Airlines class action lawsuit states.

Plaintiff Thomas Cox points to the fee associated with bringing carry-on luggage, which he says costs as much as four times the cost of checking a bag in some instances.

“Spirit’s bait-and-switch and ‘gotcha’ tactics are designed to confuse, trick, and trap consumers to the public’s detriment,” the Spirit Airlines class action lawsuit alleges.

Cox asserts that these so-called bait-and-switch tactics violate the Consumer Protection Act of New York, and constitute fraud and breach of contract.

Spirit Airlines advertises itself as “an ultra low-cost, low-fare airline that offers affordable travel to price-conscious customers,” according to the Spirit Airlines class action lawsuit. However, the low-cost fares advertised by Spirit Airlines do not reflect the true cost of flying with the company, Cox alleges.

Cox says Spirit Airlines fails to make its fee structure clear to consumers at the time they purchase their airline tickets, especially when they purchase their tickets through third-party vendors.

According to the Spirit Airlines class action lawsuit, “consumers are often unaware of Spirit’s large and plentiful fees until after they purchase a ticket that initially appeared attractive.”

Cox alleges he purchased a round-trip ticket from New York to Florida with Spirit Airlines in September 2016. He said he purchased the ticket through Expedia after finding the ticket price to be attractive. He was unaware at the time he purchased the ticket that he would also be required to pay additional fees for a seat, baggage and other fees, according to the Spirit Airlines class action lawsuit.

He says he would not have purchased the ticket if he knew the actual cost would be much higher than the cost initially represented by Spirit Airlines. Instead of completing the round-trip travel with Spirit Airlines, Cox allegedly elected to fly back to New York with a different airline.

Cox claims Spirit intentionally hides its fees from consumers during the booking process to fraudulently induce sales. The airline does not inform consumers that they will be charged fees for services other airlines typically don’t charge, such as a fee for making changes to a reservation via telephone.

Other unexpected fees Spirit customers may face allegedly include customer service fees, passenger usage fees, checked and carry-on baggage fees, seat fees, and other fees that are either higher than expected or are not typically charged by other airlines.

“Spirit engages in a pattern and practice of withholding certain material information regarding the total pricing of a flight until consumers have expended resources and are irreversibly committed to taking the flight,” Cox says in the Spirit Airlines class action lawsuit.

Cox seeks an order requiring Spirit Airlines to clearly and conspicuously inform consumers about the various fees it charges and the manner in which voucher credits may be applied. He also seeks reimbursement for all ticket costs, fees, lost wages, and other expenses allegedly incurred due to Spirit Airline’s fraudulent conduct.

Cox is represented by John Hermina of Hermina Law Group and Gregory Allen of Law Office of Gregory Allen.

The Spirit Airlines unexpected fees class action lawsuit is Thomas Cox v. Spirit Airlines Inc., Case No. 1:17-cv-05172, in the U.S. District Court for the Eastern District of New York.

UPDATE: On Oct. 26, 2018, Spirit Airlines seeks dismissal of a bag fee fraud class action lawsuit, arguing that federal law preempts what the consumers are alleging that the “surprise” bag fee catches many flight passengers off guard.

UPDATE 2: On Nov. 20, 2018, Spirit Airlines customers are fighting to keep their class action lawsuit over unfair carry-on bag fees alive by filing an appeal a few minutes after a New York federal judge granted Spirit’s dismissal motion.