Spirit Flyers' Bag-Fee Suit Not Preempted, 2nd Circ. Says

Law360 (September 10, 2019, 6:20 PM EDT) -- The Second Circuit on Tuesday revived a proposed class action alleging Spirit Airlines duped passengers with extra carry-on bag fees, saying federal law does not preempt the consumers' New York state law breach of contract claim.

A three-judge panel of the federal appeals court partly vacated and remanded U.S. District Judge William F. Kuntz II's November dismissal of a group of consumers' suit accusing Spirit Airlines Inc. of playing hide-and-seek with upcharges and springing "unexpected" fees on passengers for things like carry-on bags on tickets sold through other online travel agents.

The panel sent the case back to the district court...

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