NEW YORK – A federal appeals court has revived a lawsuit filed by Spirit Airlines passengers, alleging that the low-cost airline has blinded them by collecting unexpected carry-on fees for tickets purchased through Cheapoair, Expedia, Priceline and Travelocity.
The US Circuit Court of Appeals said 22 passengers could claim breaches of contract, as there is no evidence that Spirit promptly informed them about the charges, and "price uncertainty" who they would pay.
Spirit and his lawyers did not immediately respond to requests for comments.
Compared to many airlines, Spirit relies more on ancillary costs to offset the financial burden of lower base rates.
The plaintiffs accused the Miramar, Florida-based airline of knowing this The online travel agencies hid the fees for the "Gotcha" baggage that they would have to pay at the airport.
They said these charges often exceeded the cost of their tickets and amounted to millions of dollars a year.
Spirit disagreed with the federal law that opposed the lawsuit and that his "contract of carriage" explicitly provided that a passenger could take a carry-on bag into the cabin for a fee.
The appeals court reversed the case against US District Judge William Kuntz in Brooklyn, who had dismissed him last November.
"This is a great victory for air travelers across the country," said attorney plaintiff John Hermina in an interview. He said his clients will pursue their case before the district court. On Tuesday, Spirit canceled hand luggage allowances for a flight from October 1
The case is Cox et al. Against Spirit Airlines Inc., 2nd US Appeals Court, No. 18-3484.