ORLANDO, Fla. (Legal Newsline) - Frontier Airlines is disputing claims it tricks customers who think they will not have to pay for the personal items they carry on board with them.
The company filed a motion to dismiss Oct. 23 in a class action filed earlier this year in Orlando, Fla., federal court. Frontier says the plaintiff actually had to pay for her luggage because it was larger than the company's allowed dimensions.
"Plaintiffs... acknowledge that Frontier repeatedly notifies its passengers that personal items larger than the allowed dimensions are subject to an additional charge," the motion says.
"Despite this undisputed notice, Plaintiffs claim the charges were unexpected and that Frontier used baggage sizers at the gate that are smaller than the allowable measurements."
Plaintiff Amira Hamad claims Frontier's initial rate was fraudulently advertised and misleading in order to induce her into purchasing a round-trip ticket. She alleges her personal item bag was actually smaller than the advertised requirement of 14"H x 18"W x 8."D.
Hamad claims Frontier breaks its fees into "tiny pieces and checkpoints to water down" what the actual average airfare would be compared to other airlines and that in some cases, one piece of carry-on luggage can cost as much as four times the cost of a checked bag.
She alleges Frontier's tactics are designed to confuse and trap consumers who are told they are allowed one personal item onboard for free if it meets certain measurements. She also alleges Frontier incentivizes gate workers with bonuses for each personal item they charge at the gates.
Frontier says the claims are preempted by the Airline Deregulation Act, which bars state law claims over prices, routes or services. It also says it has breached no provision in the Contract of Carriage agreed to by customers.