Frontier Airlines 'All You Can Fly' Lawsuit Grounded, Heads to Arbitration

A Colorado judge has clipped the wings of a class action lawsuit challenging Frontier Airlines "GoWild! All You Can Fly" pass, ruling the case must be resolved through arbitration rather than in open court.

Frontier's "Unlimited" Flights Face Legal Headwinds

In August 2023, Jeriyma Hartsfield filed a class action lawsuit against Frontier Airlines, alleging deceptive marketing and breach of contract regarding their "GoWild! All You Can Fly" program.

The program, promising unlimited flights for a monthly fee of $149, a summer pass for $999 a year, an annual pass for $1,999 a year, and a one-time enrollment fee of $49, attracted budget-conscious travelers with perks like domestic and international destinations, free bags for Elite Status members, and last-minute booking options.

However, Hartsfield's experience with the pass was far from unlimited. She encountered difficulties booking flights due to limited availability and a peculiar website glitch displaying flights from 1904. Frustrated, she contacted Frontier's customer service and was put on hold for "immense" amounts of time, only to be told that her pass was not refundable. 

Arbitration Clause Grounds Class Action Lawsuit

While Hartsfield sought to represent a class of similarly disgruntled passengers, Judge Kathryn A. Starnella dismissed the class action lawsuit on June 24, 2024. The decision rested on a mandatory arbitration clause hidden within the fine print of the "GoWild!" pass terms and conditions. This clause, agreed to by all passholders, mandates that disputes be settled through private arbitration rather than the court system, effectively barring class action lawsuits.

Frontier Airlines defended its marketing and website functionality, asserting that the arbitration clause was prominently presented during the signup process. Judge Starnella concurred, emphasizing that the clause was "clear and conspicuous" and explicitly prohibited class action suits.

The judge meticulously examined how Frontier presented the terms and conditions, noting they appeared multiple times, including via a "bold and underlined link" directly accessing the document. This hyperlink was offered during signup and reiterated in a post-purchase confirmation email. Judge Starnella concluded that Hartsfield had ample opportunity to review the terms, including the arbitration clause, before agreeing to them.

This ruling not only dismissed the class action but also extinguished any possibility of a wider lawsuit against Frontier. The terms and conditions unequivocally stated that claims must be pursued individually, not collectively. Since Hartsfield didn't challenge the validity of this class action waiver, her attempt to represent other frustrated flyers was effectively grounded.