JetBlue Airways is facing a proposed class-action lawsuit alleging it uses customers' personal data to dynamically set ticket prices, a practice critics call "surveillance pricing." The lawsuit, filed in Brooklyn federal court, claims the airline conceals its use of tracking technologies and shares data with third parties to determine when to raise fares.
The legal action follows an April 18 exchange on X, where a passenger complained about a $230 price increase overnight while booking a flight to attend a funeral. JetBlue responded by suggesting the customer clear their cache and cookies or use incognito mode, remarks the airline later described as "incorrect."
Plaintiff Andrew Phillips argues that consumers should not have their privacy violated in a "digital rat race" where similarly seated passengers pay different prices based on their personal data. The lawsuit seeks unspecified damages for alleged violations of federal anti-wiretapping law and New York consumer protection statutes.
JetBlue has declined to comment on the litigation but maintains it does not use personal data or artificial intelligence to set fares. The carrier said prices change continuously based on seat availability and demand. Two Democratic lawmakers have since requested details from JetBlue about its pricing practices.
