Travelers claim JetBlue uses customer data to ratchet up fares

BROOKLYN (CN) — JetBlue has been hit with a federal class action accusing the airline of surreptitiously collecting consumer data to bolster a "dynamic surveillance pricing" scheme that makes flying costlier for passengers.

In a 45-page complaint, filed Wednesday in the Eastern District of New York, plaintiff Andrew Phillips claims JetBlue has "blatantly invaded or allowed for the invasion" of consumers' privacy by using trackers on its website. The airline then shares the information from those trackers with third party companies, like FullStory and PROS Holdings, to determine when to raise fares based on demand, Phillips says.

"Consumers should not have to have their privacy rights violated to participate in defendant's digital rat race for airline tickets which should cost the same for each similarly seated passenger," Phillips claims in the suit.

Travelers have often theorized that airlines and other transit companies use their personal data to hike rates, with countless online anecdotes speculating that prices tend to increase upon subsequent searches for the same tickets.

But Phillips claims JetBlue specifically admitted to the practice just days before the lawsuit, pointing to an April 18 exchange on social media between the airline and a passenger that has since sparked widespread outrage.

"I love flying @JetBlue but a $230 increase on a ticket after one day is crazy," said a user on X. "I'm just trying to make it to a funeral."

JetBlue's account replied the user should "try clearing your cache and cookies or booking with an incognito window."

"We're sorry for your loss," the airline added.

The exchange prompted backlash online from peeved travelers who saw it as JetBlue admitting to the controversial pricing strategy, which has become more scrutinized in recent years with the rise of artificial intelligence.

Elected officials got involved, too. A pair of Democratic congressmen, Representative Greg Casar and Senator Ruben Gallego, sent a letter to JetBlue asking it to answer questions about pricing practices and noted the X reply raises concerns over "whether personal data is used in any capacity to inform prices."

Phillips cited the X exchange and the lawmakers' response in his lawsuit. He also quoted former Federal Trade Commission chair Lina Khan, who said in a 2024 news release that "Americans deserve to know whether businesses are using detailed consumer data to deploy surveillance pricing."

In a statement to Courthouse News Thursday, the airline insisted it does not use personal information or web browsing history to set individual pricing.

"Fares are determined by demand and seat availability, and all customers have access to the same fares on jetblue.com and our mobile app," it said.

Of the infamous X exchange, JetBlue said it was "simply a mistake from an individual customer service crewmember." The company has since taken the post down.

"The steps the crewmember suggested would not have changed the airfares available for purchase," it said.

Phillips also notes in his suit that, while surveillance pricing is not illegal in the United States, "secretly collecting consumer data on the internet without adequate consent is — and that is the basis for this action."

A New Yorker, Phillips says in the complaint he went on the airline's website in December 2025 to book a flight to Florida. He said unbeknownst to him, he was being tracked "for the purpose of setting pricing," and claims he would have used a different airline entirely if he had known.

He hopes to establish both a nationwide class and a New York subclass of consumers who used JetBlue's website or app and had their data shared with third parties. Such a class would likely consist of "thousands or even millions of individuals," Phillips notes.

He's seeking monetary relief and a court order barring JetBlue from using customer data.