When airlines cancel flights, they are supposed to provide refunds to persons who booked tickets on that flight. The complaint for this class action alleges that Frontier Airlines, Inc. has refused to provide refunds to would-be passengers when it cancelled flights due to Covid-19.
In January 2020, the plaintiffs in this class action, Danyal and Amelia Solomon, booked flights on Frontier Airlines, intending to celebrate their wedding anniversary in Cancun, Mexico. The departure was scheduled for around May 30, 2020.
Kentucky, where the Solomons live, identified its first case of Covid-19 in March 2020. On March 21, 2020, the US Embassy and Consulates in Mexico told the public about restrictions on travel to Mexico. These limited border crossings to “essential travel,” which does not include tourism. On March 25, the Governor of Kentucky directed people in the state to stay at home and closed non-essential businesses.
Around March 21, the Solomons received an e-mail from Frontier that said, in part, “Cancel now and receive up to $100 in vouchers—important information concerning your upcoming flight!” It also offered a travel credit for the price of their tickets.
It also said, “The best part is your travel does not need to be completed by Dec. 31 just booked!” The complaint alleges that the e-mail “did not include any additional temporal limitations on the use of the flight credits. [Frontier] intentionally concealed its obligation to issue a full refund.” The Solomons then cancelled their trip.
However, the complaint claims that what really happened was that Frontier cancelled their flight because of the pandemic. According to the complaint, “On or about April 1, 2020, Frontier announced it would be ‘cutting more than 90% of flight capacity nationwide in April.’”
On April 3, 2020, the US Department of Transportation an enforcement notice reminding airlines that “passengers should be refunded promptly when their scheduled flights are cancelled…”
Around August 3, the Solomons tried to rebook their flights. However, the complaint alleges, Frontier told them their flight credits had expired. Frontier said that, because the Solomons had canceled their own flights, the offer required rebooking within ninety days.
The complaint alleges that Frontier’s flights out of CVG, the airport the Solomons were departing from, did not resume until July 4, 2020, meaning that a ninety-day policy was illusory. According to the complaint, Frontier intentionally misled the Solomons into canceling their trip and in giving them the impression that they could not get a refund.
The class for this action is all individuals who agreed to buy tickets from Frontier for Frontier flights to or from CVG airport, whose flights were cancelled by Frontier and who were sent notices similar to those sent to the Solomons that did not inform them to their right to a full refund.