Legal question: Fraud? Bait and switch?

[hoyaguru]

My wife recently received an email from Spirit Airlines that had a promotion where, if she applied for a Spirit credit card, registered on a website, and charged at least $100 within a certain time period, she would get a free flight. Sounded like a good deal, so she called Spirit to make sure she was doing everything right. You can see the promotion HERE. One part of the small print says:

"valid for one passenger for roundtrip travel between Detroit and Atlantic City, Boston, Fort Lauderdale, Myrtle Beach, New York (LaGuardia), Orlando, Tampa, and Washington, DC (Reagan) or Fort Lauderdale and Cancun, Grand Cayman, Kingston, Montego Bay, Nassau, Punta Cana, San Juan, Santo Domingo, Detroit, and New York (LaGuardia)."

As we are 5 miles from the Atlantic City airport, my wife asked the girl at reservations about the stipulation above, and if it was at all possible to go from AC to Fort Lauderdale and back. The girl told her yes, and that the stipulation was just an example, she didn't have to fly out of just Fort Lauderdale or Detroit.

So, she got the card, registered, charged $100, and never received her flight voucher. After a week of calling Spirit, she reveived the voucher, and it is only good from either Fort Lauderdale or Detroit.

Speaking to several people at Spirit, we were told over and over again that the promotion was good from anywhere. One supervisor (Tom) told us that they had had a big meeting about this, and they had all been told that the flights were good from anywhere Spirit flies out of. We were told this by 4 different people.

Now, they are refusing to give her the free flight she was promised. I tried emailing their customer service, and my email ends up going to the one lady who we talked to before who will not help us. Any advice? Isn't this against the law, to promise something to get a person to sign up for a service, and then not give what was promised? I'd like to find the law that shows this is ilegal, but I don't even know what it would be (bait and switch, fraud, etc). Spirit is based in Florida, we are in NJ. Would this also be considered internet fraud?

We're not trying to "get one over" on Spirit, all we want is what was promised to us (by 4 different people).

 

[Codewiz]

If you don't have it recorded or in writing, good luck.....

 

[Gooberlx2]

The way I read it a roundtrip between Detroit should be your only option.

Free flight will come in the form of a coupon via e-mail and is valid for one passenger for roundtrip travel between Detroit and Atlantic City, Boston, Fort Lauderdale, Myrtle Beach, New York (LaGuardia), Orlando, Tampa, and Washington, DC (Reagan) or Fort Lauderdale and Cancun, Grand Cayman, Kingston, Montego Bay, Nassau, Punta Cana, San Juan, Santo Domingo, Detroit, and New York (LaGuardia).

I think it's meant to be read as:
Detroit and Atlantic City
Detroit and Boston
Detroit and Fort Lauderdale
Detroit and Myrtle Beach
Detroit and New York (LaGuardia)
Detroit and Orlando
Detroit and Tampa
Detroit and Washington, DC (Reagan)

-OR-

Fort Lauderdale and Cancun
Fort Lauderdale and Grand Cayman
Fort Lauderdale and Kingston
Fort Lauderdale and Montego Bay
Fort Lauderdale and Nassau
Fort Lauderdale and Punta Cana
Fort Lauderdale and San Juan
Fort Lauderdale and Santo Domingo
Fort Lauderdale and Detroit
Fort Lauderdale and New York (LaGuardia)

I can see how a CSR wouldn't read it as such though....even 4 of 'em. Now if you mean they're only letting you fly out of Detroit as your departure/return city and not Atlantic City....then that's weak, and very misleading.

 

[Garet Jax]

no writing = no agreement

 

[FoBoT]

so you have it in writing ?

i think they go by what is in writing vs. what people told you over the phone



bummer dude

 

[yowolabi]

Originally posted by: hoyaguru

"valid for one passenger for roundtrip travel between Detroit and Atlantic City, Boston, Fort Lauderdale, Myrtle Beach, New York (LaGuardia), Orlando, Tampa, and Washington, DC (Reagan) or Fort Lauderdale and Cancun, Grand Cayman, Kingston, Montego Bay, Nassau, Punta Cana, San Juan, Santo Domingo, Detroit, and New York (LaGuardia)."

I have no idea what that means, but I see how it can be interpreted as only Ft. Lauderdale or Detroit.

You don't have any evidence that they promised you something else so your only hope is going to try to persuade them to do the right thing. I'd try writing a snail mail letter listing all the times when you called and were told you could fly out of Atlantic City.

Shouldn't you at least be able to fly from Atlantic City to Detroit with that ticket?

 

[hoyaguru]

I could easily record one of them (or several of them) saying that the flight is good out of Atlantic City, they are still telling people that afaik.

Doesn't make sense to me that you can get a round trip ticket from Fort Lauderdale to AC, then back from AC to Fort Lauderdale, but you can't do it the other way around (start in AC, go to FL, then back from FL to AC). I mean, what the hell is the difference?

 

[hoyaguru]

I think the problem is the word between, as in "between Detroit and Atlantic City, Boston, Fort Lauderdale, etc. If it said FROM Detroit or Fort Lauderdale that would be one thing, but saying the offer was for a round trip flight BETWEEN these places should mean starting from either place.

 

[Gooberlx2]

Originally posted by: hoyaguru
I could easily record one of them (or several of them) saying that the flight is good out of Atlantic City, they are still telling people that afaik.

Doesn't make sense to me that you can get a round trip ticket from Fort Lauderdale to AC, then back from AC to Fort Lauderdale, but you can't do it the other way around (start in AC, go to FL, then back from FL to AC). I mean, what the hell is the difference?

Well, according to the listing, AC to FL isn't an option anyway. As I said, I think the rusty rundown Motown is your only option.

Are they actually not letting you/your wife fly out of AC? "Roundtrip travel between Detroit and Atlantic City" should simply mean a roundtrip ticket between those two cities, without definition of the departure/return city...otherwise I would certainly consider it false advertising.

....but I'm no attorney.

 

[hoyaguru]

Originally posted by: Gooberlx2

Originally posted by: hoyaguru
I could easily record one of them (or several of them) saying that the flight is good out of Atlantic City, they are still telling people that afaik.

Doesn't make sense to me that you can get a round trip ticket from Fort Lauderdale to AC, then back from AC to Fort Lauderdale, but you can't do it the other way around (start in AC, go to FL, then back from FL to AC). I mean, what the hell is the difference?

Well, according to the listing, AC to FL isn't an option anyway. As I said, I think the rusty rundown Motown is your only option.

Are they actually not letting you/your wife fly out of AC? "Roundtrip travel between Detroit and Atlantic City" should simply mean a roundtrip ticket between those two cities, without definition of the departure/return city...otherwise I would certainly consider it false advertising.

....but I'm no attorney.

They are telling us now that we can only fly out of Detroit or Fort Lauderdale.

 

[Gooberlx2]

Originally posted by: hoyaguru

Originally posted by: Gooberlx2

Originally posted by: hoyaguru
I could easily record one of them (or several of them) saying that the flight is good out of Atlantic City, they are still telling people that afaik.

Doesn't make sense to me that you can get a round trip ticket from Fort Lauderdale to AC, then back from AC to Fort Lauderdale, but you can't do it the other way around (start in AC, go to FL, then back from FL to AC). I mean, what the hell is the difference?

Well, according to the listing, AC to FL isn't an option anyway. As I said, I think the rusty rundown Motown is your only option.

Are they actually not letting you/your wife fly out of AC? "Roundtrip travel between Detroit and Atlantic City" should simply mean a roundtrip ticket between those two cities, without definition of the departure/return city...otherwise I would certainly consider it false advertising.

....but I'm no attorney.

They are telling us now that we can only fly out of Detroit or Fort Lauderdale.

In that case, if you can't get a high enough supervisor to make things right, then you should file a complaint with the BBB and whatever other flight, consumer and credit authorities there are.

Is there any other documentation that came with the credit card that would have further fine print? That's completely misleading and shitty of them. It's possible, if you search around or make a website about it, there could be enough other people who've all been screwed in the same regard that a class action suit could be made. I wouldn't be surprised.

IMO, the idea of visiting Detroit isn't all that great anyway. I'd file the complaints for sure though.

 

[bonkers325]

not bait and switch. you didnt read between the lines. if you read it carefully, it really does say between Detroit to ____ or Ft. Lauderdale to ____

as far as those 4 CSR's who said otherwise... if u have it in recording then u have the upper hand. otherwise, they are in the right.

 

[Rage187]

find their Yahoo stock forum and post your situation. It will get corrected.

 

[Gooberlx2]

Originally posted by: bonkers325
not bait and switch. you didnt read between the lines. if you read it carefully, it really does say between Detroit to ____ or Ft. Lauderdale to ____

as far as those 4 CSR's who said otherwise... if u have it in recording then u have the upper hand. otherwise, they are in the right.

But it's printed "between" DT/FL "and" ___. I'm sure it could be argued either way in legalese, but a consumer wouldn't (and reasonably shouldn't have to) assume or interpret that DT and FL are the only valid departure/return cities. I think this case essentially defines bait and switch.

 

[mugs]

Originally posted by: Gooberlx2
The way I read it a roundtrip between Detroit should be your only option.

Free flight will come in the form of a coupon via e-mail and is valid for one passenger for roundtrip travel between Detroit and Atlantic City, Boston, Fort Lauderdale, Myrtle Beach, New York (LaGuardia), Orlando, Tampa, and Washington, DC (Reagan) or Fort Lauderdale and Cancun, Grand Cayman, Kingston, Montego Bay, Nassau, Punta Cana, San Juan, Santo Domingo, Detroit, and New York (LaGuardia).

I think it's meant to be read as:
Detroit and Atlantic City
Detroit and Boston
Detroit and Fort Lauderdale
Detroit and Myrtle Beach
Detroit and New York (LaGuardia)
Detroit and Orlando
Detroit and Tampa
Detroit and Washington, DC (Reagan)

-OR-

Fort Lauderdale and Cancun
Fort Lauderdale and Grand Cayman
Fort Lauderdale and Kingston
Fort Lauderdale and Montego Bay
Fort Lauderdale and Nassau
Fort Lauderdale and Punta Cana
Fort Lauderdale and San Juan
Fort Lauderdale and Santo Domingo
Fort Lauderdale and Detroit
Fort Lauderdale and New York (LaGuardia)

I can see how a CSR wouldn't read it as such though....even 4 of 'em. Now if you mean they're only letting you fly out of Detroit as your departure/return city and not Atlantic City....then that's weak, and very misleading.

That's how I read it too... And I agree on your last comment. I think the way the rules are written he would be allowed to fly to Detroit from A.C., but nowhere else. Which kind of sucks - who wants to go to Detroit?

It sucks that several CSRs didn't understand the promotion though. At least the OP hasn't really lost anything though, other than a temporary and minor hit to his credit score from opening a new account.

 

[hoyaguru]

Originally posted by: Rage187
find their Yahoo stock forum and post your situation. It will get corrected.

I can't find Spirit Airlines' stock symbol. Do you know where I would find them in the Yahoo stock forum?

 

[kranky]

I believe Spirit is privately owned (= no stock symbol).