Spirit Airlines Facing Class Action Over Alleged Refusal to Issue Refunds for COVID-19-Canceled Flights

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Spirit Airlines has added to the COVID-19-induced economic strain experienced by millions of consumers by refusing to issue refunds for flights canceled due to the pandemic, a proposed class action lawsuit claims.

Filed in Massachusetts, the 28-page complaint says that Spirit, in place of refunds, is instead extending to consumers what it claims to be the “full value” of their reservation in the form of a “reservation credit” good for six months. The plaintiff, a Massachusetts lawyer whose services have been deemed non-essential by the state’s governor, argues that given the pressing need for monetary refunds during the COVID-19 crisis, travel vouchers offer too little security and too much restriction, especially considering the credits are for future travel that consumers may never be able to use. 

Front and center in the suit is low-cost Spirit Airlines’ refusal to issue refunds in the face of roughly $58 billion in Coronavirus Aid, Relief, and Economic Security (CARES) Act funds set to be distributed to airlines. Notwithstanding the CARES Act bailout and an enforcement notice from the federal Department of Transportation (DOT) reiterating consumers’ right to receive full refunds for unused travel, Spirit “refuses to comply with the law or countenance the exigent needs of its customers,” the lawsuit scathes. 

Further, Spirit has taken what the lawsuit alleges is a variety of steps aimed at making it impossible for consumers to receive refunds on flights canceled as a result of the pandemic, contradicting both “established transportation requirements” and the airline’s own contract of carriage, the suit says. Spirit’s contract of carriage allows for guests who experience cancellations or delays in excess of two hours to receive re-accommodation, credit for future travel or a refund, the lawsuit emphasizes. 

The case says the plaintiff bought on March 4 two tickets to fly from Boston to Fort Myers, Florida on April 9. Spirit canceled the plaintiff’s trip on March 20 and informed the man that it had re-booked the flight for him and his guest for two days prior to his originally scheduled flight, the suit reads. The plaintiff requested a refund due to his inability to accommodate his schedule to the flight change and instead received a voucher for future air travel with Spirit, the lawsuit says. 

The case against Spirit joins others filed so far against Delta, United, Southwest, Hawaiian and other carriers over the companies' apparent refusal to issue refunds.

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