The Eleventh Circuit has revived a proposed class action lawsuit against Spirit Airlines Inc. alleging the company hides flight-related fees in violation of the Racketeer Influenced and Corrupt Organizations Act. The suit, filed by plaintiff Bryan Ray, claims Spirit misleads customers by bundling a “Passenger Usage Fee” into a general “taxes and fees” category, making the base fare appear artificially low. Ray is represented by Podhurst Orseck attorney Joel D. Eaton. A three-judge appellate panel vacated a lower court’s dismissal, concluding that the Airline Deregulation Act of 1978 preempted state laws but did not repeal federal causes of action like RICO. The court’s ruling allows the RICO claim to proceed but does not address the specific merits of the fraud allegations against the airline.
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Originally published by David McAfee | Sept 23, 2014 | Law360
