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Avior Airlines Hidden Fee Class Action Gets Revived on Appeal

Feb. 3, 2022, 10:29 PM

A potential class action accusing Venezuela’s Avior Airlines CA of requiring passengers to pay a hidden fee was revived Thursday by the Eleventh Circuit, which said the suit isn’t blocked by the Airline Deregulation Act.

Roberto Hung Cavalieri and Sergio Enrique Isea allege Avior breached its contract of carriage by requiring passengers to pay an additional undisclosed $80 “exit fee” before they were allowed to board their departing flights from Miami to Venezuela. They seek to have the case certified as a nationwide class action.

The district court dismissed the suit, concluding that the ADA preempted the breach of contract ...