American Airlines settles baggage fee class action for $7.5M

(Feb. 25, 2021)

American Airlines is being sued again by customers who say they were forced to pay for bags at check-in, even though they had bought tickets offering free checked baggage.  

A proposed nationwide class action lawsuit filed against American Airlines (AA) in California in December has now been filed in Texas, where the airline is headquartered.

In the lawsuit lodged Wednesday in the Northern District Of Texas Fort Worth Division, five plaintiffs detail their stories of going to the airport to take an AA flight and being asked by the agent to pay baggage fees, despite previous communications with the airline stating they were eligible to check their baggage for free.

The airline promises to waive baggage fees for certain tiers of customers, including AA frequent flyers, first or business class ticket holders and owners of AA credit cards, the lawsuit states.

“Yet, AA systematically required these passengers to pay to check bags and thus breached its contract with affected passengers,” the lawsuit states.

This is not the first time the airline has faced a lawsuit over it charging fees to check bags it had promised to transport for free, the lawsuit points out. 

In Bazerman v. American Airlines Inc., a Harvard professor claimed he was unfairly charged baggage fees. A judge approved a settlement, but it doesn’t cover new plaintiffs, the lawsuit states, alleging “AA continued to charge bag fees in breach of its contracts, after that date.”

In Wednesday’s lawsuit, plaintiffs William and Katherine Cleary said they purchased a roundtrip ticket to Dallas through AA.com, in 2017. In the emailed confirmation, “they were notified they could check bags for free.” However, they ended up paying for each bag. 

Another traveler, Judy Crosson, was notified by AA that she was considered a “Gold Status” member in 2017. She too, received a confirmation email baggage fees would be waived. But when she arrived at the airport in 2018, she said she was told she’d have to pay.  

Filippo Ferrigni was solicited in 2014 for an American Airlines credit card mid-flight, the lawsuit said. He took the flight attendant’s offer and filled out an application while onboard. Later, he was required to pay baggage fees for a flight to a Caribbean island. 

An AA employee told him “his credit card waived baggage fees only [occurred] on domestic travel,” the lawsuit stated. He “reluctantly” ended up paying baggage fees on three flights. 

In 2016, traveler Eric Earll applied for an American Airlines credit card “in order to check baggage without charge.” When he checked in later that year after getting approved for the card, he says he was made to pay anyway. 

The ticket agent at the counter reportedly told him “this happens all the time” and said he should call customer service for a refund. Earll said he was never given a refund. 

Baggage fees are big business for American Airlines, the lawsuit stated, saying in 2019, AA took in over $1.4 billion in baggage fees. 

“Knowing that waiving baggage fees would entice fliers, AA offered free checked bags to certain customers including customers who flew frequently in AA’s loyalty program AAdvantage, customers who purchased first or business class tickets, and customers who held AA’s branded credit cards.”

The group of travelers are seeking a jury trial, certification of the class action, damages no less than what the travelers had to pay to check their bags, an order preventing AA from continuing the alleged practice, costs and attorney’s fees.

Have you purchased an American Airlines ticket and were charged a baggage fee you weren’t expecting? Let us know in the comments below. 

Counsel for the plaintiffs is Mark Alexander of Mark A. Alexander, P.C.; Patrick Deblase of Deblase Brown Eyerly LLP, and Oren Giskan Of Giskan Solotaroff & Anderson LLP.

The American Airlines Baggage Fee Contract Breach Class Action is Katherine M. Cleary, et al. vs. American Airlines, Inc., Case No. 4:21-cv-00184-O, in the United States District Court for the Northern District Of Texas Fort Worth Division.