The lawsuit was filed by Andrew Phillips in the Eastern District of New York. It accuses JetBlue of engaging in 'surveillance pricing,' which involves tracking a customer's search history and location to manipulate costs. Phillips said in a statement that JetBlue 'uses tracking technology itself and otherwise allows third parties to collect, retain, and use traveler data without adequate and sufficient consent.' He added that the case is 'one of the very first class actions in American history regarding dynamic surveillance pricing.'
The case stems from an incident on April 18, when an X user reported a $230 increase on a JetBlue ticket after one day, writing, 'I’m just trying to make it to a funeral.' A JetBlue customer service crewmember replied, 'Try clearing your cache and cookies or booking with an incognito window.' The lawsuit claims this response is an admission that the website stores customer data to manipulate prices.
I love flying @JetBlue but a $230 increase on a ticket after one day is crazy. I’m just trying to make it to a funeral.
JetBlue denies using personal information or web browsing history to set individual pricing. The airline said fares are determined by demand and seat availability, and all customers have access to the same fares. JetBlue called the social media reply 'a mistake from an individual customer service crewmember' and said the suggested steps 'would not have changed the airfares available for purchase.'
Democratic lawmakers Rep. Greg Casar and Sen. Ruben Gallego have sent a letter to JetBlue CEO Joanna Geraghty questioning the airline's suspected use of surveillance pricing. They asked for a response by April 30th. In their letter, they expressed concern that 'customers could be charged different prices for the same flight based on their need for travel, such as attending a funeral.'
JetBlue does not use personal information or web browsing history to set individual pricing. Fares are determined by demand and seat availability, and all customers have access to the same fares on jetblue.com and our mobile app. The recent social media reply was simply a mistake from an individual customer service crewmember. The steps the crewmember suggested would not have changed the airfares available for purchase.
It remains unclear what specific tracking technology JetBlue uses on its website, whether the crewmember's suggestion reflected actual company practice, and if other airlines employ similar surveillance pricing tactics.