The plaintiffs initially brought the case before Florida's Southern
District Court in which they stated the carrier
holds itself out as an “Ultra Low Cost Carrier”
offering airfares at rates far lower than other
providers. However, the carrier disguise the
real cost of the ticket prices through a scheme
in which they would force the ticket buyer to
purchase a ticket through unbundled passenger
charges which is normally included in the price
of an airline ticket with other carriers.
Specifically, plaintiffs alleged Spirit Airlines
charged passengers a usage fee when they buy
tickets through its website or call center. When
searching for flights on the carrier's website,
the consumer only sees the base fares. Once the
passenger has selected a flight, a webpage
directs the passenger to “confirm” the flight on
a page that displays both the base fare and an
undifferentiated amount labeled “Taxes & Fees.”
For a breakdown of these charges, the consumer
then must click on an additional link, “more
information,” which lists “Passenger Usage Fee”
alongside
government taxes and fees.
Spirit moved to dismiss the case arguing that
permitting the plaintiffs RICO action would
prevent Congress’s intent to delegate entirely
the regulation of airline ticket prices and
price advertising to the Department of
Transportation (DOT). The District Court agreed
and threw out the case.
|