A federal lawsuit filed in Brooklyn accuses JetBlue of using customer personal data to adjust ticket prices dynamically, escalating concerns about so-called surveillance pricing in the airline industry.
The proposed class action, filed late Wednesday, alleges that JetBlue deploys tracking technology to monitor browsing habits and other personal information, then shares that data with third-party programs that help determine when to raise fares for individual customers.
"Consumers should not have to have their privacy rights violated to participate in JetBlue's digital rat race for airline tickets which should cost the same for each similarly seated passenger," plaintiff Andrew Phillips said in the complaint filed in U.S. District Court for the Eastern District of New York.
The lawsuit zeroes in on a public exchange that unfolded on X in mid-April. A passenger complained that a JetBlue ticket jumped $230 in price within a single day while trying to book a flight to attend a funeral. JetBlue's response suggested the customer try clearing their browser cache and cookies or use an incognito window to book. The carrier added "we're sorry for your loss."
That response fueled speculation that JetBlue was pricing customers differently based on their browsing data. The airline said Monday that its message was misleading, explaining that fares fluctuate based on seat availability and demand rather than personal data or artificial intelligence.
JetBlue declined to comment on the lawsuit Thursday and reiterated that it does not use personal data or AI when setting prices.
The filing adds fresh pressure on the airline from lawmakers. Two Democratic members of Congress sent JetBlue detailed questions Tuesday about its pricing practices, asking specifically whether it uses personal data to set fares. The inquiry follows a similar push from two dozen congressional lawmakers who pressed Delta Air Lines last November on whether it uses or intends to use generative AI for pricing. Delta denied the practice.
Phillips's suit seeks unspecified damages under a federal anti-wiretapping statute and New York consumer protection laws.
Author James Rodriguez: "The airline's incognito window suggestion was a terrible look that handed the plaintiff's lawyers a gift, and now Congress is watching."
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