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Cox v. Spirit Airlines Inc.

Breach, Fraud Claims Over Carry-On Baggage Fee Preempted by Airline Deregulation Act

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DECISION & ORDER Plaintiffs bring this putative class action suit on behalf of themselves and similarly-situated others against Spirit Airlines, Inc. (“Defendant” or “Spirit”) asserting state law claims for breach of contract, unjust enrichment, and fraud. Plaintiffs allege Defendant, an air carrier, misled Plaintiffs into believing they were purchasing a low airfare at a specific price, and thereafter breached the agreement by requiring Plaintiffs to pay additional fees for carry-on baggage. Defendant now moves to dismiss the action under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that Plaintiffs’ claims are preempted by federal law and fail to allege a viable cause of action. The Court held oral argument on this motion on October 31, 2018, and the Court reserved its decision. For the reasons set forth below, Defendant’s motion to dismiss is GRANTED.BACKGROUNDPlaintiffs are twenty-two individuals who purchased airfare to travel to various locations within the United States on Spirit Airlines between 2012 and 2016. Second Amended Complaint (“SAC”)

13-32, ECF No. 60. Plaintiffs purchased their airline tickets exclusively through third-party online travel agents. Id.

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