Lawsuit Claims JetBlue Fails to Refund TSA Fees for Canceled Trips

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A proposed class action claims JetBlue Airways Corporation has failed to refund TSA fees to customers who cancel their trips prior to travel.

The nine-page case alleges the TSA fee, more specifically a September 11^th security fee, falls under taxes and fees for which governing regulations require a refund. JetBlue has nevertheless refused to refund such fees despite promising to do so in its contracts with customers and being required to do so by federal law.

“In breach of its contracts with class members, JetBlue represented that the TSA Fee was nonrefundable and refused to refund it,” the complaint alleges.

The lawsuit claims JetBlue is obligated under its contract of carriage to refund passengers’ TSA fees when they cancel their trips prior to travel. Per the suit, the airline’s contract states:

According to the suit, federal law requires that airlines collect or refund “the security service fee” as appropriate when a passenger changes their itinerary. The U.S. Government Accountability Office further noted in a July 2010 report that although customers with unused nonrefundable tickets are entitled to a refund of the September 11^th security fee, most customers never request a refund given airlines are not required to inform them of its availability, the lawsuit says.

The plaintiff, a California resident, says he attempted to request a refund of a $5.60 TSA fee after canceling a trip from Los Angeles to San Francisco but was denied a refund. The following screenshots purport to depict the plaintiff’s conversation with a JetBlue agent via the airline’s online chat feature:

According to the case, the JetBlue agent’s representations that “taxes . . . are nonrefundable” and could not be separated from the plaintiff’s airline fare are false.

“Contrary to JetBlue’s statement, the TSA Fee is indeed refundable, and JetBlue has itself promised to refund that fee as required by law,” the complaint scathes.

The lawsuit looks to represent anyone who booked travel with JetBlue and paid a TSA passenger fee and then canceled their travel within the past six years.

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