Frontier Airlines Named in Class Action Over Alleged Refusal to Issue Refunds for COVID-19-Canceled Flights [UPDATE]
by Erin Shaak
Last Updated on June 30, 2020
Young v. Frontier Airlines, Inc.
Filed: April 23, 2020 ◆§ 1:20-cv-01153
A class action filed against Frontier Airlines seeks refunds for travelers whose flights were canceled as a result of the COVID-19 pandemic.
Case Updates
June 22, 2020 – Frontier Faces Additional Lawsuit Out of Colorado
Another proposed class action has been filed against Frontier over the airline’s alleged refusal to issue refunds for flights canceled amid the COVID-19 pandemic.
The nine-page suit argues that Frontier’s practice of offering only credits in lieu of cash refunds essentially forces customers to extend the airline interest-free loans, which the case claims is especially egregious given the company received a bailout from the federal government as part of the CARES Act.
The plaintiff alleges that Frontier initially offered her the option to select either a refund or credit for her canceled March 17 flight from San Francisco to Baltimore. According to the case, the plaintiff requested a refund and was informed via email that her refund would be processed within five to seven business days. The plaintiff subsequently received another email from Frontier informing her that she had received a 20,000-mile credit, the case says. When the plaintiff called Frontier to complain, she was allegedly told that by opening the email with the credit offer, she had accepted the credit.
The plaintiff looks to represent anyone in the U.S. who purchased tickets for a Frontier Airlines flight scheduled to depart on or after March 1, 2020, whose flight was canceled or significantly delayed and who did not receive a full refund within 20 days of the cancellation.
June 23, 2020 – Another Consumer Sues Frontier Over Vouchers for Future Travel
Frontier Airlines finds itself facing another proposed class action centered on its decision to offer vouchers for future travel—that must be used within 90 days of issuance—in lieu of contractually mandated refunds for flights canceled amid the COVID-19 crisis.
Echoing prior cases against the airline, the lawsuit says Frontier’s contract of carriage stipulates flyers have the right to receive a full refund in the event their flight is canceled. The complaint also mentions an April 3 U.S. Department of Transportation communication that put carriers such as Frontier on notice of their longstanding obligation to promptly issue refunds when a flight is canceled or significantly altered.
The suit looks to represent all consumers or entities in the U.S. who bought at least one ticket for a Frontier flight that was canceled between January 1, 2020 and the present and who did not receive a refund. The complaint can be read here.
June 12, 2020 – Class Action Against Frontier Transferred to Colorado District Court
A proposed class action lawsuit filed in California on April 21 against Frontier Airlines over its alleged refusal to offer refunds in light of pandemic-induced flight cancellations has been transferred to Colorado federal court.
According to the suit, Frontier has breached its uniform contracts with customers by offering vouchers for future travel in lieu of refunds for flights canceled amid the coronavirus pandemic. Further, the case claims that despite canceling “as many as 90%” of its scheduled flights, Frontier has made it nearly impossible for many customers to request refunds while issuing blanket denials when legitimate requests are submitted.
The complaint can be found here. The order transferring the suit to Colorado can be found here.
May 13, 2020 – Frontier Hit with Another COVID-19 Refund Case Over Trip Cancellations
Another proposed class action alleges Frontier Airlines has shifted its losses during the coronavirus pandemic onto consumers by refusing to issue refunds for canceled flights.
The complaint filed in Colorado claims Denver-based Frontier has refused to issue refunds despite the fact that its contractual agreements, in particular the contract of carriage in place from October 25, 2019 through April 16, 2020, stipulate full reimbursement will be provided in the event of a cancellation.
“Defendant has quietly sought to force its passengers to endure the financial losses that its own contract created for it in the entirely foreseeable scenario that world occurrences would disrupt the domestic travel industry,” the 14-page complaint says.
In place of refunds, Frontier has taken to issuing time-limited vouchers for future travel that the lawsuit claims are impermissible under the airline’s contract of carriage and particularly wrongful given the lack of clarity on when normal travel may resume.
The lawsuit can be found here.
Frontier Airlines, Inc. is on the receiving end of a proposed class action lawsuit filed over the carrier’s alleged refusal to issue refunds to travelers whose flights were canceled as a result of the COVID-19 pandemic.
According to the case, which echoes similar lawsuits filed against nearly every major airline and several smaller carriers, Frontier has canceled a “vast percentage” of its scheduled international and domestic flights in April and May, and has offered only vouchers or credits for future travel in place of refunds.
The lawsuit claims this action contradicts both the low-cost airline’s Contract of Carriage—which stipulates that Frontier will “provide a refund” in the event it cancels a customer’s flight—and an enforcement notice issued by the Department of Transportation. The DOT’s notice clarified that a public health emergency such as the COVID-19 pandemic does not excuse airlines from their obligation to provide refunds when a carrier cancels a flight or “makes a significant schedule change.”
“Indeed, the DOT’s Enforcement Notice makes perfectly clear that offering ‘vouchers or credits for future travel’ is not an adequate or appropriate substitute for airlines’ obligations to offer refunds for cancelled flights,” the complaint states.
The plaintiff says her round-trip flights between Myrtle Beach and Long Island, New York scheduled for late May were canceled by Frontier on March 19. Although the plaintiff was informed over the phone that she would receive a refund, “the refund never came,” the case states. The consumer says she called Frontier two weeks later and was told that she was never promised a refund and would never receive one, and that her only option was to accept a travel voucher from the airline.
The plaintiff, echoing a number of online customer complaints cited in the lawsuit, claims she was deceived by Frontier as to her right to receive a refund and would not have booked through the airline if she had known she was not entitled to a refund for canceled flights.
ClassAction.org’s coverage of COVID-19 litigation can be found here and over on our Newswire.
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