MEMORANDUM & ORDER The plaintiffs in this action allege that they purchased tickets to fly on Spirit Airlines, a low-cost carrier, between May 2012 and July 2017. Given historical practices in the airline industry, they say, they understood the advertised price of their tickets to include the right to bring carry-on bags on board, and were surprised when Spirit informed them — generally during the boarding process — that they would have to pay extra for the privilege. They bring this action for breach of contract and seek certification of a class of first-time Spirit flyers. The judge previously assigned to the case dismissed Plaintiffs’ claims,1 but the Second Circuit vacated and remanded on the issue of whether the passengers’ contracts included the right to take carry-on items onboard. Spirit now moves for summary judgment, and Plaintiffs move for class certification. For the reasons set forth below, I DENY Defendant’s motion for summary judgment and GRANT Plaintiffs’ motion to proceed as a class. I. Factual Background2 Since August 2010, Defendant Spirit Airlines has charged passengers for carry-on items. Def. 56.1 1. Under Spirit’s policy, passengers were allowed to carry on one size-restricted “personal item” free of charge. Decl. of Tanner Huysman (“Huysman Decl.”)
3-4, ECF No. 129-34.3 Spirit described this item as “something like a small backpack or purse.” Id., Ex. 3 at 2, ECF No. 129-25. Spirit charged for any carry-on items that were bigger than, or in addition to, the allotted personal item. See id. So, a passenger could be charged for a backpack they carried in addition to a purse, for example, or for a weekend bag they placed in the overhead compartment.4 These rules — and the cost per carry-on item — changed over the years, and depended on when the passenger made payment (in advance versus at the gate).5 Plaintiffs purchased Spirit tickets between May 2012 and July 2017 through six online travel agents, or “OTAs.” The OTAs were Expedia, Travelocity, BookIt, CheapTickets, CheapOair, and Kiwi. Pl. 56.1
