Looks like American Airlines isn’t the only airline getting sued for refusing to refund passengers’ checked baggage fees if the bags get lost or damaged en route. US Airways has just been hit with a class action lawsuit of its own claiming the airline charges for checking baggage but won’t refund the money when it loses or damages it.
The US Airways baggage fee class action lawsuit asserts that each time US Airways charges a passenger a baggage service fee, “it enters into a separate contract with the passenger to timely deliver the baggage to the passenger upon arrival at their destination and to deliver the baggage to the passenger undamaged.” Each time US Airways delays, damages or loses baggage, but fails to refund the baggage fee to the affected passenger, the lawsuit says, it breaches this contract.
The US Airways baggage fee lawsuit is brought on behalf of all US Airways passengers traveling in the United States who were charged and paid a baggage service fee, and whose bags were delays, damaged, lost or not delivered to them upon arrival at their destination, and who did not receive a refund of the baggage service fee from US Airways.
The class action is seeking an order requiring US Airways to immediately refund all baggage service fees charged to class members whose baggage has been delayed, lost or damaged, and a permanent injunction barring US Airways from refusing to refund checked baggage fees when the passenger’s baggage has been delayed, lost or damaged.
A copy of the US Airways Checked Baggage Fee Class Action Lawsuit can be read here.
UPDATE: On Sept. 4, 2018, flyers and US Airways reached a $9.85 million settlement that will resolve a class action lawsuit that claimed the company breached its contract by not refunding the checked baggage fee it charges to flyers whose luggage is lost or delayed.
Updated November 24th, 2010
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