New York-based carrier JetBlue Airways is facing a lawsuit seeking more than $5 million in damages after a California man claimed the airline charged him for seat selection but did not allow him to choose one. The lawsuit now seeks millions of dollars in damages and could potentially affect thousands of passengers.

The airline promises free seat selection to travelers paying extra for upgraded tickets, but the class-action lawsuit suggests it committed a bait-and-switch, according to PEOPLE.

JetBlue Allegedly Charging For Free Seat Selection

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The individual who filed a civil complaint against the airline is California resident Saman Kohanof. On August 31, he filed the complaint, in which he reportedly booked a February flight to Fort Lauderdale-Hollywood International Airport (FLL) via the airline’s mobile app. During the booking process, several fare options were displayed, each with benefits and restrictions.

Kohanof was allegedly shown a Blue fare priced at $379 one-way, which included free seat selection. The cheaper Basic Blue fare did not offer free seat selection. He chose the more expensive fare and expected to use his free seat selection; however, he alleges the airline did not offer it, according to the complaint.

“JetBlue instead assigned [Kohanof] a seat of its own choosing, without affording [him] any opportunity to select it — the same treatment JetBlue provides to purchasers of the lower-priced Blue Basic fare, which JetBlue expressly sells without free seat selection.”

No Refund Offered

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Kohanof has since claimed that approaching the airline resulted in no refund, credit, or adjustment to the fare after no seat selection was provided. It is claimed that should there have been no seat selection availability, this would have led Kohanof to select a cheaper fare. JetBlue is now facing the class action lawsuit in an amount that surpasses $5 million, for benefit-of-the-bargain damages, compensation, and a restitution amount.

While the lawsuit is not challenging JetBlue’s authority to withhold seats for operational reasons, it instead is claiming that JetBlue failed to provide the best seat selection opportunity for its passengers paying for the higher fare class. The complaint has argued that JetBlue should otherwise have removed free seat selection from the benefits of this fare, or have warned Kohanof that seat selection would not be available in this instance.

Airlines on occasion are required to block, restrict, or withhold seats on the aircraft for operational reasons, which can result in some of the seats available being blocked out and unavailable for allocation. Simple Flying reached out to JetBlue for comment on the class action lawsuit, and they are unable to comment on pending litigation; however, they did share the following statement:

JetBlue would never intentionally mislead our customers, and we work to clearly communicate the benefits included with each of our fare options.

A Look At The JetBlue Fare Classes

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JetBlue has since changed its Blue Basic and Blue fare classes, and now has opted for its Main Base, Main, and Main Flex fares. The seat selection is not available with Main Base, but is permitted within the Main and Main Flex fare classes. Additional benefits can be included based on your JetBlue frequent flyer Mosaic loyalty status or other benefits from credit card holder status. Full breakdown below:

JetBlue is a major US carrier and is based in Queens, in New York City. The airline’s main hubs are at John F. Kennedy International Airport (JFK) and Boston Logan International Airport (BOS), and the airline has a business model that is hybrid between low-cost carriers and traditional legacy networks. Since the demise of ultra-low-cost carrier Spirit Airlines, the airline has expanded its operations in Fort Lauderdale substantially, with rumors that the Florida base could be the airline’s next location for its famed BlueHouse lounge.