Spirit Airlines has agreed to resolve a class action complaint by passengers who claimed the low-cost carrier startled them with unexpected carry-on bag costs on tickets purchased through third-party travel providers by paying up to $8.25 million.
The settlement was revealed by the passengers’ attorneys in a motion submitted late on Wednesday in federal court in Brooklyn, asking the judge to approve it because it “represents a fair compromise.”
First-time Spirit passengers who purchased their tickets between August 2011 and May 2017, when the case was filed, through Expedia, Travelocity, Kiwi, CheapOair, CheapTickets, or BookIt are included in the class.
The amount of fees reimbursed to eligible travelers who request refunds under the agreement is up to 75%, albeit it may be less depending on the total amount of refund requests made by the entire class. According to the motion, the $8.25 million maximum award will also include attorneys’ fees.
Requests for comment from Spirit and the plaintiffs’ attorneys were not immediately fulfilled.
Spirit Airlines, based in Miramar, Florida, uses additional surcharges, like other low-cost carriers, to assist offset reduced base fares.
The carrier was accused by the plaintiffs in the 2017 complaint of misrepresenting its low costs on travel websites by hiding the “gotcha” bag fees that customers would have to pay at the airport.
They said that these fees might occasionally equal the cost of the tickets. In a later version of the complaint, the plaintiff’s initial demand for punitive damages of $100 million was dropped.