Spirit Airlines ‘Fraudulently’ Sold Thousands of Tickets for Flights It Knew It Wouldn’t Fly, Class Action Alleges

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Spirit Airlines Class Action Lawsuit Overview:

• Who: Spirit Airlines is accused of fraudulently selling tickets for flights it knew it would cancel in a new class action lawsuit.
• Why: Travellers allege Spirit Airlines left tens of thousands of passengers stranded at airports throughout the country when it “fraudulently and deceptively” induced customers to purchase tickets for flights between July and August 2021.
• Where: The lawsuit is for travellers nationwide in the US.

During the peak of summer travel season, Spirit Airlines left tens of thousands of passengers stranded at airports throughout the country when it “fraudulently and deceptively” induced customers to purchase tickets for flights it knew would not fly, a new class action lawsuit alleges.

The lawsuit was filed in Florida on Oct. 15 by lead plaintiffs Amber Terreta and Debra Rayner, who allege Spirit violated state trade and consumer protection laws by selling tickets for the cancelled flights and then holding onto the money of tens of thousands of passengers.

Spirit, notorious for its low prices and no-frills flying experience, was well aware it could not handle the glut of tickets sold between July 30 and August 9, 2021, the claim alleges. Nevertheless, the company continued to sell tickets to unwitting customers, leaving them stranded without recompense or communication, according to the lawsuit.

Between those dates, Spirit canceled approximately 2,826 flights, accounting for more than half of the company’s scheduled flights. According to the claim, Spirit cancelled flights during this time because it had a severe labor shortage caused by its “knowing failure to hire and maintain sufficient staffing levels necessary to provide promised services to its customers.”

Spirit Airlines Was ‘Well Aware It Did Not Have Sufficient Labor’ to Meet Flight Demands, Class Action Lawsuit Claims

During the pandemic, the airline laid off or furloughed thousands of employees and when airline travel rebounded to pre-pandemic levels, Spirit failed to re-hire or re-train enough airline employees to staff its operations, the lawsuit alleges.

“Spirit was well aware that it did not have sufficient labor to meet the demand of the number of flights it scheduled between July 30, 2021 and August 6, 2021, which is around the peak of summer travel season,” the class action claim states.

On July 25, 2021, Terreta bought tickets for herself, Joseph Terreta, and their two children to travel return with Spirit from Latrobe, Pennsylvania to Myrtle Beach, South Carolina for a total of $464. But on the date the family was due to travel they were told the flights had been cancelled and they still have not been refunded for the trip. 

Terreta was instead offered reservation credit and travel vouchers totaling $323.80 that must be used by December 2021 and come with their own restrictions, the class action lawsuit alleges.

Rayner had a similar experience, having booked a return trip to Las Vegas in August that was also cancelled, however she managed to obtain a refund.

“Thousands of customers, like plaintiffs, purchased tickets relying on Spirit’s promise to handle the traffic of its scheduled flights only to be left stuck for hours or days on end in airports with little or no communication from the company,” the lawsuit states. “These travelers would likely not have purchased flight tickets from Spirit had they known the true status of Spirit’s labor shortages and its inability to accommodate the purchased travel arrangements.”

Instead, the pair allege, Spirit ignored its customers, refusing to compensate passengers for cancelled flights, and failing to make alternative travel arrangements on other airlines or provide hotel accommodations.

“Spirit’s actions directly caused their customers immense stress and discomfort, incur increased travel fees, and to miss thousands of family and business events.”

Terreta and Rayner want to represent travelers nationwide affected by Spirits’ cancellations. They are suing for violations of Florida Unfair and Deceptive Trade Practices Act, breach of contract, fraud, unjust enrichment, and violation of state consumer protection acts. They seek reimbursement requiring Spirit to refund all ticket purchases for cancelled flights during the applicable time period and other damages, attorney fees, interest, and a jury trial.

Did you have a flight cancelled by Spirit between July and August? Let us know your experience in the comments section!

Terreta and Rayner are represented by Marcus W. Corwin and Stephen L. Conteaguero of Corwin Law.

The Spirit Cancelled Flights Class Action Lawsuit is Terreta, et al., v. Spirit Airlines, Inc., Case No. 0:21-cv-62148-XXXX in the U.S. District Court Southern District of Florida.

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