JetBlue used customers’ personal data to set ticket prices, lawsuit alleges

A new lawsuit alleges that JetBlue collected customers’ personal data without their consent and used it to set ticket prices.

The proposed class action, filed by New York resident Andrew Phillips, accuses JetBlue of tracking his information as he was booking airfare on the carrier’s website for the “purpose of setting pricing.” Such tactics can be used to offer different fares to customers based on their individual internet history, demographic and other factors, according to the suit. 

“Consumers should not have to have their privacy rights violated to participate in [defendants’] digital rat race for airline tickets, which should cost the same for each similarly seated passenger,” the lawsuit alleges.

“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 suit added.

The complaint also alleges that he was not informed that his information was being monitored or sold to third parties.

JetBlue, which is headquartered in New York City, did not immediately respond to a request for comment on the lawsuit.

According to the complaint, JetBlue’s website uses technology that allows the company to track consumers’ online browsing activity and to collect their data. “When a consumer searches for airline tickets and then closes the browser window, the prices increase when the consumer seeks to re-engage with purchasing,” the legal filing alleges.

Surveillance pricing?

So-called “surveillance pricing” — when companies use consumers’ personal information, such as location or browser history, to charge them different prices for the same good or service — has become a growing concern as some airlines turn to artificial intelligence to set fares. 

The lawsuit claims JetBlue effectively acknowledged that it uses surveillance pricing in a recent social media exchange with a customer.

“I love flying @JetBlue but a $230 increase on a ticket after one day is crazy,” the user wrote in an April 18 post on X. “I’m just trying to make it to a funeral.”

JetBlue responded with a comment that said: “Try clearing your cache and cookies or booking with an incognito window. We’re sorry for your loss.”

The airline ultimately deleted its response, according to the complaint.

Phillips is seeking damages from JetBlue for allegedly violating the Electronic Communications Privacy Act, a federal anti-wiretapping law, and two New York consumer protection laws.