JetBlue Airways is facing a proposed class-action lawsuit accusing the carrier of using customers' personal data to set ticket prices, a practice known as 'surveillance pricing.' The legal challenge emerged after a social media post and the airline's response sparked concerns over fare increases based on user tracking.
In a complaint filed late Wednesday in Brooklyn federal court, JetBlue is alleged to have concealed its use of 'trackers' to dynamically set prices and to share data with third parties whose programs assist in determining when to raise fares.
'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 stated in the complaint.
The lawsuit follows an April 18 exchange on X, where a passenger praised JetBlue but noted: 'a $230 increase on a ticket after one day is crazy. I'm just trying to make it to a funeral.' JetBlue's response advised the passenger to try 'clearing your cache and cookies or booking with an incognito window. We're sorry for your loss.'
JetBlue declined to comment on the lawsuit on Thursday. It also stated that it does not use personal data or artificial intelligence to set ticket prices. Surveillance pricing allows companies to use browsing histories, locations, and other personal data to set individual prices.
The Long Island City, New York-based carrier said on Monday that its response was incorrect, adding that 'fares can change at any moment as seats are purchased or as inventory is adjusted based on demand.' On Tuesday, two Democratic lawmakers in Congress asked JetBlue to respond to detailed questions about pricing, including whether it uses personal data 'to inform prices.'
In November, two dozen congressional lawmakers asked Delta Air Lines to address whether it used or plans to use generative AI in setting prices. Delta said no. Phillips' lawsuit seeks unspecified damages for JetBlue's alleged violations of a federal anti-wiretapping law and New York state consumer protection laws.
