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On September 30, 2017, Judge Robert N. Chatigny of the United States District Court for the District of Connecticut denied Priceline’s motion to dismiss Plaintiff’s claims, allowing Plaintiff’s claims to move forward against Priceline.com.
The class action lawsuit alleges that Priceline breaches its “Best Price Guaranteed” promise when advertising tickets from Spirit Airlines because Priceline adds its own markup to Spirit tickets, unbeknownst to consumers. As a result, Plaintiffs allege, Spirit tickets are always cheaper on Spirit.com than on Priceline.com, despite Priceline’s explicit promise to the contrary. Plaintiff, Austin Chapman, brings his claims on behalf of himself and all consumers nationwide who purchased Spirit Airlines tickets through Priceline.com.
In his ruling denying Priceline’s motion to dismiss in its entirety, Judge Chatigny held that Plaintiff had adequately stated a claim for relief because “it is plausible that a reasonable consumer would interpret the contract language to include a promise not to add hidden surcharges.”
Jeffrey Kaliel, attorney for Plaintiff and the putative class and a partner with Tycko & Zavareei LLP, commented, “Priceline’s practice of adding surcharges to Spirit Airline tickets is in violation of its best price guarantee. The Court’s ruling on the motion to dismiss is the first step toward achieving an important victory for consumers.”
