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ARTICLE · 01 MAY 2026

New Class Action Targets “Surveillance Pricing”: What Businesses Using Personalized Pricing Need To Know

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A new class action lawsuit against JetBlue Airways alleges the airline secretly collects consumer data through website trackers to implement dynamic surveillance pricing, charging different fares based on individual...

United StatesPrivacy
Henninger Bullock
Henninger Bullock
David Lizmi
David Lizmi
Lei Shen
Lei Shen
Sophia Mancall-Bitel
Sophia Mancall-Bitel
Matthew D. Provance
Matthew D. Provance
Andrew Demko
Andrew Demko
Victoria Bell Lowry
Victoria Bell Lowry
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Overview

On April 22, 2026, a putative class action was filed against JetBlue Airways Corporation in the United States District Court for the Eastern District of New York, captioned Phillips v. JetBlue Airways Corp., No. 1:26-cv-02405-PKC-RML (“Phillips”). The complaint is described as “one of the very first class actions in American history regarding dynamic surveillance pricing and the surreptitious use of consumer data in order to set pricing based on consumer behavior.”1 As this case will be closely monitored as a template for similar actions across industries, this Legal Update flags the key allegations, the surrounding press and regulatory environment, and the immediate practical implications for companies that use—or may inadvertently be using—personalized or data-driven pricing.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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