JetBlue has been hit with a proposed class action lawsuit alleging that the airline uses customers' personal data to set ticket prices, a practice known as “surveillance pricing”. The suit follows a social media exchange in which the carrier suggested a passenger clear their cache or use an incognito browser to avoid price increases.
The complaint, filed on Wednesday in Brooklyn federal court, claims JetBlue conceals its use of “trackers” to dynamically price fares and shares data with third parties to help determine when to raise prices. Plaintiff Andrew Phillips argues that consumers should not have to sacrifice privacy to compete in a “digital rat race” for tickets that should cost the same for similarly seated passengers.
JetBlue declined to comment on the litigation but said it does not use personal data or artificial intelligence to set fares. The lawsuit stems from an exchange on X on 18 April, where a passenger complained about a $230 price increase overnight while trying to book a flight for a funeral. JetBlue replied suggesting clearing cache and cookies or booking incognito, later admitting the response was incorrect but noting fares can change based on demand.
On Tuesday, two Democratic US lawmakers asked JetBlue to explain whether it uses personal data to inform pricing. Similar queries were sent to Delta Air Lines in November, which denied using generative AI for pricing. The suit seeks unspecified damages under federal anti-wiretapping law and New York state consumer protection laws.
