March 8 (Reuters) - Spirit Airlines Inc's new $2
ticket charge to cover the unintended consequences of federal
regulations has resulted in a perhaps predictable consequence --
a lawsuit.
An Illinois woman has sued the ultra-low-cost carrier,
contending the charge violated state consumer fraud laws by
falsely imposing the charge "under the guise of a fee imposed by
the government upon the consumer."
Spirit did not immediately respond to requests for comment.
The carrier imposed the fee on Jan. 31, and said the fee
would cover the costs of a new U.S. Department of Transportation
regulation allowing fliers 24 hours after booking a trip to
change their plans without penalty.
Ben Baldanza, Spirit's chief executive, at the time said the
regulation can lead to more empty seats because it forces
carriers to hold seats for customers who may never pay for them.
"The consequence is that we must spread costs over fewer
customers, thus raising the cost for all passengers," he said.
In the lawsuit filed this week in a Cook County, Illinois
state court, the plaintiff Harlene Newman said she booked a
round-trip Spirit flight on Feb. 19, and her receipt showed a $4
charge covering "Unintended Consequences of DOT Regulations."
Newman said the charge was "nothing more than a
profit-generating device," and that the Miramar, Florida-based
carrier falsely represented that it was a government-mandated
fee.
The lawsuit seeks class-action status, compensatory damages
and other remedies.
Misty Pinson, a Spirit spokeswoman, did not immediately
respond to requests for comment. Larry Drury, a lawyer for
Newman, did not immediately return a call seeking comment.
Spirit is known for offering fares as low as $9, but charges
fees for such extras as an advance seat assignment and bringing
a carry-on bag that does not fit beneath a seat aboard the
plane. It also packs more seats onto its planes than many
rivals, resulting in reduced legroom.
The case is Newman v. Spirit Airlines Inc, Cook County
Circuit Court, No. 12-CH-08311.
(Reporting by Jonathan Stempel)
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