An attempt by OTA Priceline to dismiss a lawsuit over misleading advertising has been dismissed by a judge.
The lawsuit will now move forward after a judge in the US District Court in Connecticut denied Priceline’s motion.
The class action lawsuit claims Priceline breached its ‘Best Price Guaranteed’ promise for flight tickets for Spirit Airlines flights, as it adds on its own markup for Spirit airfares which is not disclosed to customers.
This in effect means it is cheaper to book direct with the airline than through Priceline, plaintiff Austin Chapman claims in the lawsuit.
The suit is seeking class action status for Chapman and all other customers who have booked Spirit tickets through the OTA.
Judge Robert N. Chatigny denied Priceline’s request because ‘it is plausible that a reasonable consumer would interpret the contract language to include a promise not to add hidden surcharges.’
"Priceline’s practice of adding surcharges to Spirit Airline tickets is in violation of its best price guarantee. The Court’s ruling on the motion to dismiss is the first step toward achieving an important victory for consumers," said attorney Jeffrey Kaliel.
