BROOKLYN, NEW YORK — JetBlue Airways was sued in a proposed class action filed late Wednesday in Brooklyn federal court alleging the airline uses customers' personal data to dynamically set ticket prices. The complaint, brought by New York resident Andrew Phillips, seeks unspecified damages for alleged violations of the Electronic Communications Privacy Act and New York state consumer protection laws.

According to the complaint, 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. The filing alleges that JetBlue's website uses technology that allows the company to track consumers' online browsing activity and collect their data, and that when a consumer searches for airline tickets, closes the browser window, and then re-engages with purchasing, the prices increase. The complaint also alleges that Phillips was not informed that his information was being monitored or sold to third parties.

"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," Phillips said in the complaint. "It allows defendant to manipulate prices in real time in order to make as much money as they can on fares for airline tickets, which are priced differently for consumers based on their private information, which they did not consent to surrender for this purpose," he said.

In a statement, JetBlue said: "JetBlue 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." The airline also said that its social media response in an April 18 exchange on X was incorrect.

That exchange began when a passenger said a $230 increase on a ticket after one day was "crazy" and that they were "just trying to make it to a funeral." A JetBlue social media account replied: "Try clearing your cache and cookies or booking with an incognito window. We're sorry for your loss."

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 whether it used or plans to use generative AI in setting prices, and Delta said no.