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Court Sets Trial Date for Carry-On Fee Class Action Against Spirit Airlines

The Court presiding over the carry-on fee class action against Spirit Airlines, Inc. has ordered that the trial of this case will commence on January 16, 2024. This lawsuit is on behalf of passengers (1) who purchased a Spirit Airlines flight through certain on-line travel agents (“OTAs”) (specifically, Expedia, Kiwi, CheapOair, CheapTickets, Travelocity, and Bookit) during the period August 31, 2011, through May 3, 2017; (2) who paid a carry-on fee: (3) whose Spirit flight during that period was their first Spirit flight; and (4) who were a resident of the United States at the time they purchased their Spirit flight. Plaintiffs contend that the price they and the members of the Class paid for a Spirit Airlines flight included the right to bring a carry-on bag onto the plane for no additional charge. In later charging such passengers a fee to bring a carry-on bag onto the plane, Plaintiffs claim that Spirit Airlines breached the contract they had with Plaintiffs and the members of the Class to fly them for a set price and is therefore liable for damages.

The setting of this trial date follows the Court’s March 29, 2022, opinion, denying Spirit’s motion for summary judgment and certifying the case to proceed as a class action (this decision can be found here) and the Court’s denial in substantial part of Spirit’s motion for reconsideration of that decision (that decision can be found here).

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