The lawsuit claims that JetBlue tracked a customer’s online activity during a flight search, potentially adjusting fares in real time|Laurent ERRERA|CC BY-SA 2.0

JetBlue is facing a class action lawsuit that claims the airline uses personal data to influence ticket prices.

Filed in Brooklyn court this week, the complaint claims that the airline tracked a customer’s online activity during a flight search, potentially adjusting fares in real time.

Viral incident sparks debate and lawsuit
Public attention grew after a traveler’s complaint post reporting a $230 overnight fare increase while booking a funeral trip, which went viral online. A now-deleted response from JetBlue’s social media team suggested clearing cookies or using incognito mode to find better-priced tickets.

The suggestions fueled concerns that JetBlue is using browsing data to influence fares. 

Allegations of surveillance pricing
The lawsuit argues that such tracking enables airlines to vary prices based on browsing history, location, and other personal factors. It also points to instances where fares rose after users revisited the site, raising concerns about ‘surveillance pricing’ as AI-driven tools become more common. 

The complaint further alleges that customer data may have been shared with third parties without clear disclosure.

JetBlue strongly denied the allegations, stating that ticket prices depend only on demand and seat availability, and all customers see the same fares on its website and app.

The lawsuit seeks damages under federal anti-wiretapping and New York consumer protection laws.