Spirit Airlines undisclosed fees lawsuit revived by appeals court
A judge has revived a lawsuit claiming Spirit Airlines failed to adequately disclose carry-on bag fees for bookings made via third-party OTA websites.
The class action suit was previously dismissed last year but has now been given a new lease of life after a federal appeals court said it can proceed.
It was originally brought by several passengers who alleged Spirit made no attempt to disclose that customers could be charged higher baggage fees than rival airlines which ‘made any apparent savings illusionary.’
The 2nd U.S. Circuit Court of Appeals ruled the lawsuit can continue despite an earlier dismissal as Spirit could not provide evidence it had notified passengers about the additional fees.
The complaint alleged Spirit was aware OTAs were not disclosing the ‘gotcha’ bag fees they would have to pay at the airport.’
"This is a great victory for air travelers nationwide," lawyer John Hermina told Reuters.
The lawsuit has now been sent back to the U.S. District court in Brooklyn.
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