Judge OKs Consolidation of 3 Wiretapping Class Actions vs. Spirit Airlines

U.S. District Judge Marilyn Horan for Western Pennsylvania in Pittsburgh granted the parties’ joint motion to consolidate three privacy class actions against Spirit Airlines, said her signed order Wednesday. All further filings are to be made under the first-filed action, Smidga v. Spirit Airlines (docket 2:22-cv-01578), her order said. The plaintiffs in the three class actions are to file a consolidated amended complaint by Aug. 22, with Spirit to file an answer 45 days later, it said. Spirit’s pending motions to dismiss for lack of jurisdiction and for failure to state a claim are denied as moot in light of the “forthcoming filing” of the consolidated amended complaint, said the order. Spirit is alleged to have recorded the electronic communications of visitors to its website in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (see 2305310045).