On Monday, JetBlue tried to back-track, calling its initial response incorrect and saying that “fares can change at any moment as seats are purchased or as inventory is adjusted based on demand.” The “social media reply was simply a mistake from an individual customer service crewmember.”
A proposed class-action lawsuit accuses JetBlue of using customers’ personal information to set ticket prices.
According to NBC News, the claim was filed on behalf of plaintiff Andrew Phillips, who lives in New York City. Attorneys for Phillips say their client “was entirely unaware that he was being tracked for the purpose of price setting” when he purchased a ticket with JetBlue in December.
“Consumers should not have their privacy rights violated to participate in [JetBlue’s] digital rat race for airline tickets which should cost the same for each similarly seated passenger,” Phillips said in a court filing.
The lawsuit alleges that JetBlue uses data collected without customers’ consent, including information about their internet history and location, to create individualized fare offers.
“It allows defendant to manipulate prices in real time in order to make as much money as they can on fares for airline tickets, which are priced differently for consumers based on their private information, which they did not consent to surrender for this purpose,” the lawsuit says.

Phillips also claims that JetBlue never disclosed that his internet use was being monitored or sold to third parties.
The Guardian notes that the lawsuit was filed several days after a Twitter user praised JetBlue’s service but said “a $230 increase on a ticket after one day is crazy. I’m just trying to make it to a funeral.” In response, a JetBlue representative recommended “Clearing your cache and cookies or booking with an incognito window.”
“We’re sorry for your loss,” the airline added.
On Monday, JetBlue tried to back-track, calling its initial response incorrect and saying that “fares can change at any moment as seats are purchased or as inventory is adjusted based on demand.” The “social media reply was simply a mistake from an individual customer service crewmember.”
“The steps the crewmember suggested would not have changed the airfares available for purchase,” the company said.
In an earlier statement provided to CBS News, JetBlue further denied that it uses personal data to set ticket prices.
“JetBlue does not use personal information or web browsing history to set individual pricing,” the airline said. “Fares are determined by demand and seat availability, and all customers have access to the same fares on jetblue.com and our mobile app.”
The lawsuit seeks unspecified damages for alleged violations of federal anti-wiretapping law and New York’s consumer protection statutes.
Sources
JetBlue allegedly used private customer data like internet history to set prices, lawsuit says
JetBlue sued over claims it uses customers’ personal data to set ticket prices


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