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Spirit Airlines "gotcha" fees lawsuit moves forward

Zach Wichter
Zach Wichter
Aviation Industry Reporter
Zach has been interested in things that go since he was a kid. He previously worked at The New York Times and spent much of his time there covering the aviation industry, including contributing to the paper’s reporting on the 737 Max crisis at Boeing. He grew up in Bethpage, on Long Island, and graduated from Northwestern University in 2013 where he majored in journalism and gender and sexuality studies.
Sept. 12, 2019
•
2 min read
unstaffed Spirit Guest Services desk in ATL JT Genter
Spirit Airlines "gotcha" fees lawsuit moves forward
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A federal appeals court in New York said ultra-low-cost carrier Spirit Airlines must face a lawsuit alleging that it hides fees from passengers who book on third-party websites.

Reuters reported that the 2nd U.S. Circuit Court of Appeals sided with 22 passengers who were suing the airline, claiming they were "blindsided" by the extra charges for carry-on bags. The court held that there was no evidence that the carrier had provided them with any notice about fees beyond the cost of their tickets.

The lawsuit had been tossed out by a district court judge in Brooklyn last year, but the appeals court has returned the case to the judge.

Spirit relies heavily on ancillary fees to offset its low ticket prices. When booking directly on the airline's website, travelers are alerted multiple times about fees for carry-on and checked bags, which are cheaper when paid for in advance but can sometimes exceed the cost of the original ticket if a passenger pays at the airport.

Those same alerts are less prominent, and in some cases not present at all, for passengers who book their tickets on third-party sites like Expedia or Travelocity, the lawsuit alleges.

With fees such a large portion of its revenue, Spirit has been a vocal opponent of full-fare advertising rules since they were implemented in 2012. The U.S. Department of Transportation requires that all fare advertisements show the full cost of a ticket, including taxes and fees -- something that Spirit claims obscures the various costs of air travel.

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In the current lawsuit, Spirit has argued that their contract of carriage clearly states that passengers are required to pay a fee for carry-on baggage.

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  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
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  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.