A lawsuit against United Airlines contends the carrier will leave passenger bags behind to make space for cargo shipments when a plane is too heavy.
Gina Spadoni, the plaintiff in the suit, took a United flight from Chicago to Los Angeles in September and paid $25 to check her luggage -- yet the bag did not make her same flight. That represents a breach of the carrier’s contract of carriage, according to the lawsuit filed last week.
"United’s removal of checked baggage, or failure to place checked baggage onto the aircraft altogether, is done arbitrarily, capriciously, with improper motive, and in a manner inconsistent with the reasonable expectations of its passengers," the lawsuit says. "It costs United nothing to remove checked baggage, rather than cargo, in order to arrive at an acceptable aircraft weight because the checked baggage fee is purportedly nonrefundable, and United can simply transport the checked baggage on a later flight to the passenger’s destination."
A spokeswoman for United, the world’s second-largest carrier, declined to discuss how the company chooses which items must be held for another flight when a particular plane is too heavy. "We believe this lawsuit is without merit, and we will vigorously defend against it," United said in a statement.
United reported cargo revenue of $209 million in the first quarter, down 8% from the previous year. Checked-bag fees represent a major source of revenue for the airline industry, but cargo shipments typically offer guarantees on delivery times and financial recourse for customers whose packages arrive late. Most airlines do not refund their baggage fees if a suitcase and its owner end up on separate flights and arrive at different times.