Class Action Claims Frontier Airlines Unlawfully Monitors Florida Residents’ Interactions with Website

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Frontier Airlines, Inc. faces a proposed class action over its apparent practice of tracking Florida website visitors’ electronic communications.

The 10-page lawsuit alleges Frontier Airlines has overstepped the Florida Security of Communications Act (FSCA) by “tracking, recording, and/or using ‘session replay’ software” to monitor consumers’ interactions with its website, including mouse movements and clicks, information inputted into the site, and pages and content viewed.

“Such clandestine monitoring and recording of an individual’s electronic communications has long been held a violation of the FSCA,” the complaint charges.

The plaintiff, a Volusia County, Florida resident, says she has visited Frontier’s website, flyfrontier.com, approximately five times over the past year and most recently in January 2021. During each visit, which allegedly took place when the plaintiff was in Florida, Frontier used software to secretly track the plaintiff’s interactions with the website and record the location, time and date of each visit, according to the case.

Per the suit, the plaintiff never consented to the interception of her electronic communications by Frontier “or anyone else,” and did not have “a reasonable opportunity” to discover the defendant’s tracking practices given Frontier never asked for her consent to do so. The lawsuit claims Frontier’s “surreptitious interception” of the plaintiff’s electronic communications unlawfully invaded her privacy and exposed her private information.

The plaintiff looks to represent Florida residents who visited Frontier’s website and whose electronic communications were intercepted by the defendant or on its behalf without their consent.

The case, which was recently removed from Volusia County, Florida Circuit Court to the state’s Middle District Court, is among the latest to be filed in a trend of litigation in which companies such as Old Navy, Norton, Banana Republic, Home Depot, Fandango and Ray-Ban have been accused of intercepting Florida website visitors’ electronic communications.

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