Migliaccio & Rathod LLP is investigating whether Delta Air Lines uses artificial intelligence or passenger information to determine individualized airfare or discounts for particular travelers.
Delta has been publicly scrutinized over its use of Fetcherr AI pricing technology and plans to expand the technology across a significant portion of its domestic network. Members of Congress have raised concerns about whether artificial intelligence used in airline pricing could eventually allow fares to be tailored according to individual travelers or their predicted willingness to pay.
Delta has denied that it uses personal information to set individualized fares. According to the materials reviewed for this investigation, Delta maintains that its technology relies on aggregated market information rather than individual consumers’ personal data and that it does not use or plan to use personalized information to determine individualized fares.
Migliaccio & Rathod is investigating whether consumers nevertheless experience persistent differences in airfare associated with their accounts, purchasing histories, browsing behavior, or other individual characteristics.
The investigation is particularly interested in situations where two consumers search for the same flight at approximately the same time but receive materially different prices, especially where the difference persists after controlling for ordinary factors such as timing, seat availability, fare class, and itinerary.
Consumers May Have Experienced:
- Seeing a different fare than another person searching for the same Delta flight at approximately the same time;
- Receiving different fares when logged into a SkyMiles account compared with searching while logged out;
- Seeing fares change after repeatedly searching for a particular itinerary;
- Receiving different prices across accounts while searching from the same location;
- Seeing different fares based on account or browsing circumstances even when the itinerary remained identical; or
- Paying more than another similarly situated traveler for the same flight.
Potential Claims May Include:
If evidence establishes that personal information affects individualized fares, potential claims may include:
- Failure to disclose the use of personal information in determining airfare;
- Misleading presentation of individualized prices;
- Unfair or deceptive trade practices;
- Misrepresentations concerning the use of personal data in pricing;
- Unjust enrichment; and
- Violations of applicable state consumer-protection laws.
Signs You May Be Affected:
- You purchased or searched for a Delta flight;
- You compared the same flight with another person at approximately the same time;
- Your account displayed a materially different fare;
- Your fare differed depending on whether you were logged into your SkyMiles account;
- Repeated searches appeared to produce different pricing associated with your account; or
- You have screenshots or other records showing different prices for the same itinerary under comparable conditions.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.