ORLANDO, Fla. (Legal Newsline) - Plenty should be dismissed from a class action lawsuit against Frontier Airlines over its fees for bags, a federal magistrate judge has ruled, though one count could go forward.
Florida federal magistrate judge Leslie Hoffman Price on March 19 issued a report and recommendations on Frontier's motion to dismiss the lawsuit, suggesting to a district judge that all but one of the case's 12 counts should be tossed.
The lawsuit says Frontier offers a free personal bag should it be small enough but the airline uses a measurement device that is smaller than the dimensions advertised. When plaintiffs like Amira Hamad then were told they had to pay for their bag, they sued.
The only claim that should survive is one for state law breach of contract claims, which are worth $99 for the nine named plaintiffs. Among claims that should be booted are violation of the Florida Deceptive and Unfair Trade Practices Act, misleading advertising and negligent misrepresentation.
Those are preempted by the Airline Deregulation Act, Price wrote. Others are premised on the same facts as breach of contract, she added.
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.
The plaintiffs are represented by Michael Grady Mann of The Cochran Firm in Orlando.