Sen. Ruben Gallego (D-AZ) and another Democratic lawmaker sent a letter to JetBlue on Tuesday, asking the low-cost airline whether it’s using surveillance pricing to upcharge customers.
Surveillance pricing refers to using customer data, such as browsing history or location, to charge different people different prices for the same product or service based on their needs.
Over the weekend, a customer complained on X about a $230 price increase for a ticket after one day, saying they were trying to “make it to a funeral” in time. In response to that post, JetBlue said, “Try clearing your cache and cookies or booking with an incognito window. We’re sorry for your loss.”
The reply suggested JetBlue uses personal data to set custom ticket prices. The airline has since deleted its response to that customer.
A similar message was sent to another customer who had trouble buying points for JetBlue’s loyalty program, even though the deal was supposed to last until midnight. The company also recommended that the person clear their cache and cookies on their device or try a different browser.
Gallego and Rep. Greg Casar (D-TX) were alarmed by the admission that the airline carrier may be engaging in surveillance pricing.
“We are especially concerned that customers could be charged different prices for the same flight based on their need for travel, such as attending a funeral,” the lawmakers wrote in their letter to JetBlue CEO Joanna Geraghty.
The Washington Examiner contacted JetBlue for comment on the letter.
In a previous statement, JetBlue said its online reply to the funeral-goer was an “error” and assured its airfares “are not determined by cached data or other personal information.”
Gallego and Casar posed seven questions, including whether the airline uses artificial intelligence to set ticket prices. The idea is not unprecedented; Delta began deploying AI last year to determine ticket prices for a small percentage of customers.
The lawmakers are looking for a response to their request by April 30.
Both Democrats introduced bills last year to ban surveillance pricing for any company, not just airlines. Before sending the letter, each lawmaker called for the passage of their own legislation. No progress has been made on either bill.
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“Is Jet Blue openly admitting to raising someone’s price hundreds of dollars because they know they have to go to a funeral? Grief shouldn’t come with surge pricing,” Gallego posted on X. “We need to pass my bill to make surveillance pricing illegal.”
“Using people’s personal data to charge them more should be illegal,” Casar similarly wrote on social media. “I have a bill to ban it. Plan to hear from me, [JetBlue].”