The US Court of Appeals for the Second Circuit revived a class action against Spirit Airlines, which claims that the airline deliberately narrows the online terms that passengers can accept, implying to the passengers that carry-on items are included in the price of the ticket. Once at the airport, Spirit Airlines forces the passengers to pay for a carry on, or not board the aircraft. Plaintiff Terry Murray could not board the aircraft and says he missed important meetings he had planned to attend in Chicago where Spirit agreed to fly him and his carry on.
The Second Circuit's ruling vacated a lower court's judgment, which paves the way for the return of the case for full litigation.
The plaintiffs allege Spirit breached an agreement to fly at the rate they agreed to pay when tickets were purchased. The flight referred to in the complaint stated passengers were not only treated rudely but charged up to a $100.00 for a carry on, and one woman was forced to stuff her purse into a backpack to avoid a second fee on her flight to Fort Lauderdale in 2015.
"This is a great victory for air travelers nationwide," said attorney John Hermina of the Hermina Law Group. "The Second Circuit has, once again, shown its sophistication in dealing with well-established legal doctrine."
Spirit Airlines is known as a "low-cost" airline; however, this class action alleges the prices are actually much higher once hidden fees are included in the total cost.
The case is Thomas Cox et al. v. Spirit Airlines, Inc., United States Court of Appeals for the Second Circuit, Case No. 18-3484.
SOURCE Hermina Law Group
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