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Spirit Airlines Flights Booked with Known Labor Shortage Class Action

During the Covid-19 pandemic, airlines cancelled vast numbers of flights because of a lack of passengers to fill them. Now, the problem seems to be the labor shortage. The complaint for this class action brings suit against Spirit Airlines, alleging that the airline “left tens of thousands of passengers stranded at airports throughout the country when it fraudulently and deceptively induced customers to purchase tickets for flights [Spirit] knew would not fly.”

The Nationwide Class for this action is all persons or entities who bought tickets for domestic and international flights on Spirit Airlines scheduled between July 30, 2021 and August 9, 2021 that Spirit cancelled due to its labor shortage. In the alternative, the complaint proposes a Florida Class made up of Florida residents.

The complaint calls Spirit “notorious for its low prices and no-frills flying experience[.]” It speculates that Spirit laid off thousands of employees during the Covid-19 pandemic and then did not manage to rehire or retrain enough of them to handle the recent renewed demand for air travel.

Between July 30 and August 9, 2021, the complaint alleges, Spirit canceled around 2,826 flights, more than half its scheduled flights on some days. The complaint alleges that the cancellations were due to Spirit’s labor shortage.

According to the complaint, “[t]housands of customers” were “left stuck for hours or days on end in airports with little or no communication from the Company.” Spirit simply left them there, the complaint alleges, “refusing to compensate passengers for cancelled flights, and failing to make alternative travel arrangements on other airlines or provide hotel accommodations.”

“Upon information and belief,” the complaint claims, “Spirit’s known labor shortage was exacerbated by its failure to maintain its flight crew operations systems, causing its already depleted labor supply to not arrive at airports on time to complete its scheduled flights.”

For example, on July 25, 2021, one of the plaintiffs in this action bought four tickets on Spirit for her family to fly from Latrobe, Pennsylvania to Myrtle Beach, South Carolina, leaving on August 5 and returning on August 9, 2021. She paid $464 for the tickets. At around two in the morning on the departure date, she was informed that the flight had been cancelled. The complaint alleges that this was because of insufficient staffing for the flight.

Spirit did not provide alternative travel arrangements or refund the full purchase price. Instead, it gave her travel vouchers of $200 that had to be used by October 2 of that year and a “reservation credit” of $123.80 that had to be used by December 31, 2021. The complaint alleges that these items “come with attendant restrictions that make their effective value far less than their nominal or face value.” Instead, she bought replacement tickets on another airline for $1,353.85.

Among the counts are pre-contractual fraud and pre-contractual negligent misrepresentation.

Article Type: Lawsuit
Topic: Contract
No case events.
Tags: Breach of Contract, Negligent Misrepresentation