JetBlue Sued Over Alleged 'Surveillance Pricing' Using Personal Data to Set Ticket Prices

JetBlue has been sued in a proposed class action claiming it uses customers' personal data to set ticket prices, after its response to a social media post raised concern that the carrier employed "surveillance pricing" to make flying more expensive. According to a complaint filed late on Wednesday in Brooklyn federal court, JetBlue conceals its use of "trackers" to set prices dynamically, and shares data with third parties whose programs help it decide when to raise fares. "Consumers should not have to have their privacy rights violated to participate in [JetBlue's] digital rat race for airline tickets which should cost the same for each similarly seated passenger," the plaintiff, Andrew Phillips, said in the complaint. JetBlue declined to comment on the lawsuit on Thursday. It also said it does not use personal data or artificial intelligence to set ticket prices. Surveillance pricing lets companies use browsing histories, locations and other personal data to set individual prices. The lawsuit followed an 18 April exchange on X where a passenger praised JetBlue but said "a $230 increase on a ticket after one day is crazy. I'm just trying to make it to a funeral". JetBlue's response said the passenger should try "clearing your cache and cookies or booking with an incognito window. We're sorry for your loss." The Long Island City, New York-based carrier said on Monday its response was incorrect, while adding that "fares can change at any moment as seats are purchased or as inventory is adjusted based on demand". On Tuesday, two Democratic lawmakers in Congress asked JetBlue to respond to detailed questions about pricing, including whether it uses personal data "to inform prices". In November, two dozen congressional lawmakers asked Delta Air Lines to address whether it used or plans to use generative AI in setting prices. Delta said no. Phillips's lawsuit seeks unspecified damages for JetBlue's alleged violations of a federal anti-wiretapping law and New York state consumer protection laws.