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	<title>Comments on: Passenger sues Spirit in small-claims court &#8212; and wins</title>
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	<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/</link>
	<description>The travel troubleshooter.</description>
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		<title>By: Christopher Elliott</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-24886</link>
		<dc:creator>Christopher Elliott</dc:creator>
		<pubDate>Fri, 02 Oct 2009 14:10:33 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-24886</guid>
		<description>@Bill Bell -- here you go.

http://www.elliott.org/help/spirit</description>
		<content:encoded><![CDATA[<p>@Bill Bell &#8212; here you go.</p>
<p><a href="http://www.elliott.org/help/spirit" rel="nofollow">http://www.elliott.org/help/spirit</a></p>
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		<title>By: Bill Bell</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-24885</link>
		<dc:creator>Bill Bell</dc:creator>
		<pubDate>Fri, 02 Oct 2009 14:06:00 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-24885</guid>
		<description>I need Spirits phone # for customer service. I am going to be billed again for another year of dues And I dont want to continue with them. It is impossible to send an email message and receive a return confirmation. tks Bill Bell 10/02/09</description>
		<content:encoded><![CDATA[<p>I need Spirits phone # for customer service. I am going to be billed again for another year of dues And I dont want to continue with them. It is impossible to send an email message and receive a return confirmation. tks Bill Bell 10/02/09</p>
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		<title>By: deRuiter</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-24880</link>
		<dc:creator>deRuiter</dc:creator>
		<pubDate>Fri, 02 Oct 2009 13:11:22 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-24880</guid>
		<description>Dear Friend,  If you were in Chicago when you booked the ticket, you can sue in small claims court in the district in which you made the phone call, as that is where the airline did business with you.  If they are not represented at the case, you will win the judgement against them for the amount  plus court costs.  You then send a certified letter demaning the amount due and including COPIES of all the paperwork, keeping the originals, giving the airlines 10 days from date of letter to pay amount due.  If they do not pay, go to attorney general of consumer affairs in your state, and that office  will send letter to airlines telling themn that it&#039;s pay up or the AG will issue an injunction against the airlines which stops them airlines  from doing business in your state (selling tickets or landing planes at all airports in your state) until the judgement is paid.  THIS WILL GET THEIR ATTENTION AND YOUR MONEY.  Don&#039;t get mad, GET EVEN!</description>
		<content:encoded><![CDATA[<p>Dear Friend,  If you were in Chicago when you booked the ticket, you can sue in small claims court in the district in which you made the phone call, as that is where the airline did business with you.  If they are not represented at the case, you will win the judgement against them for the amount  plus court costs.  You then send a certified letter demaning the amount due and including COPIES of all the paperwork, keeping the originals, giving the airlines 10 days from date of letter to pay amount due.  If they do not pay, go to attorney general of consumer affairs in your state, and that office  will send letter to airlines telling themn that it&#8217;s pay up or the AG will issue an injunction against the airlines which stops them airlines  from doing business in your state (selling tickets or landing planes at all airports in your state) until the judgement is paid.  THIS WILL GET THEIR ATTENTION AND YOUR MONEY.  Don&#8217;t get mad, GET EVEN!</p>
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		<title>By: ITALO</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-15191</link>
		<dc:creator>ITALO</dc:creator>
		<pubDate>Fri, 24 Oct 2008 19:11:39 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-15191</guid>
		<description>ANY ONE KNOWS THE ADRESS OF SPIRIT AIRLINE TO START A LAW SUE??</description>
		<content:encoded><![CDATA[<p>ANY ONE KNOWS THE ADRESS OF SPIRIT AIRLINE TO START A LAW SUE??</p>
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		<title>By: kim</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-12983</link>
		<dc:creator>kim</dc:creator>
		<pubDate>Sun, 29 Jun 2008 18:06:55 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-12983</guid>
		<description>Can anyone help me with the process taking Spirit Airlines to court.  The cancelled our flight from cancun to Chicago, we got stuck on a holiday weekend in Ft. Myers and we were forced to pay another $ 3500 in airlines tickets plus hotel for two days.     If I am in Chicago, do we have to go to Florida to sue them in Small claims court?</description>
		<content:encoded><![CDATA[<p>Can anyone help me with the process taking Spirit Airlines to court.  The cancelled our flight from cancun to Chicago, we got stuck on a holiday weekend in Ft. Myers and we were forced to pay another $ 3500 in airlines tickets plus hotel for two days.     If I am in Chicago, do we have to go to Florida to sue them in Small claims court?</p>
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		<title>By: Warren</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-7645</link>
		<dc:creator>Warren</dc:creator>
		<pubDate>Sun, 06 Jan 2008 04:06:40 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-7645</guid>
		<description>To the comments of Scott, Greg, Wendy &amp; Jennifer. As a general rule, a corporation cannot sue or defend in a pro se capacity and must be represented by an attorney. While the fifty states vary considerably in what they allow to be sued over, where the suit must be brought, how much can be sued for, and how formal the process is, I believe that it is correct to say that most state civil procedure statues make an exception to the requirement that a corporation must be represented by an attorney for small claims court litigation. In Illinois, for example, this exception can found at 735 ILCS 5/2-416. There is no federal small claims court. Questions of venue and diversity of citizenship can quickly complicate things if both parties are not in the same state.</description>
		<content:encoded><![CDATA[<p>To the comments of Scott, Greg, Wendy &amp; Jennifer. As a general rule, a corporation cannot sue or defend in a pro se capacity and must be represented by an attorney. While the fifty states vary considerably in what they allow to be sued over, where the suit must be brought, how much can be sued for, and how formal the process is, I believe that it is correct to say that most state civil procedure statues make an exception to the requirement that a corporation must be represented by an attorney for small claims court litigation. In Illinois, for example, this exception can found at 735 ILCS 5/2-416. There is no federal small claims court. Questions of venue and diversity of citizenship can quickly complicate things if both parties are not in the same state.</p>
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		<title>By: Warren</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-7644</link>
		<dc:creator>Warren</dc:creator>
		<pubDate>Sun, 06 Jan 2008 03:22:32 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-7644</guid>
		<description>Chistina:

It&#039;s hard to comment without knowing more of the circumstances, but it appears that you are talking of fraudulent use of your debt card. If it were a credit card then you would have protection under federal law, however, I do not believe that this protection extends to debt cards. Complicating the issue further is the fact that most debt cards also require the use of a PIN with each transaction and debt card issuers place the responsibility for protecting that PIN on the customer. As for making a claim in court (small claims or otherwise), any claim against either Spirit or your bank would probably need to be based on some theory of negligence. From what you have described, I don&#039;t think that you can prove up a case against either. The party to sue would be the individual that misused your card. I assume that you don&#039;t know that individual and Spirit won&#039;t tell you. You could file a &quot;John Doe&quot; lawsuit, then subpoena the details from Spirit. That is how it is usually done through civil law. A better approach would be to file a police report alleging fraud and have law enforcement obtain the information under the provisions of criminal law. If the card was used fraudulently, then it is, first and foremost, a criminal rather than civil matter. Let them address the issue. That&#039;s how I would handle the issue.</description>
		<content:encoded><![CDATA[<p>Chistina:</p>
<p>It&#8217;s hard to comment without knowing more of the circumstances, but it appears that you are talking of fraudulent use of your debt card. If it were a credit card then you would have protection under federal law, however, I do not believe that this protection extends to debt cards. Complicating the issue further is the fact that most debt cards also require the use of a PIN with each transaction and debt card issuers place the responsibility for protecting that PIN on the customer. As for making a claim in court (small claims or otherwise), any claim against either Spirit or your bank would probably need to be based on some theory of negligence. From what you have described, I don&#8217;t think that you can prove up a case against either. The party to sue would be the individual that misused your card. I assume that you don&#8217;t know that individual and Spirit won&#8217;t tell you. You could file a &#8220;John Doe&#8221; lawsuit, then subpoena the details from Spirit. That is how it is usually done through civil law. A better approach would be to file a police report alleging fraud and have law enforcement obtain the information under the provisions of criminal law. If the card was used fraudulently, then it is, first and foremost, a criminal rather than civil matter. Let them address the issue. That&#8217;s how I would handle the issue.</p>
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		<title>By: christina kirk</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-6779</link>
		<dc:creator>christina kirk</dc:creator>
		<pubDate>Mon, 03 Dec 2007 15:36:17 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-6779</guid>
		<description>YOU DON&#039;T EVEN HAVE TO FLY WITH SPIRIT AIRLINES TO HAVE PROBLEMS.  I HAVE NEVER HEARD OF SPIRIT UNTIL CHECKING MY BANK STATEMENT.  I NOTICED A $662.78 CHARGE TO THEM.  SOMEONE HAD USED MY DEBIT CARD TO BUY AN AIRLINE TICKET.  UNFORTUNETLY I NOTICED THIS TOO LATE AND MY BANK WOULD NOT REIMBURSE ME.  THIS CHARGE CAME STRAIGHT OUT OF MY CHECKING ACCCOUNTING.  I DID FILE A DISPUTE AT MY BANK TO HAVE PROOF OF THIS FRAUDULENT CHARGE.  THE ONLY COMMUNICATION I CAN GET WITH THEM IS THROUGH EMAILS.  I HAVE ASKED FOR CONTACT NAMES AND TELEPHONES NUMBERS AND THEY WILL NOT GIVE THEM TO ME.  THE LAST EMAIL I SENT I TOLD THEM I WAS GOING TO GET AN ATTORNEY AND NOW THEY WILL NOT EVEN RESPOND TO MY EMAILS.  DO I HAVE A CHANCE IN SMALL CLAIMS COURT?  I NEED HELP!!! PLEASE!!!  THANKS.</description>
		<content:encoded><![CDATA[<p>YOU DON&#8217;T EVEN HAVE TO FLY WITH SPIRIT AIRLINES TO HAVE PROBLEMS.  I HAVE NEVER HEARD OF SPIRIT UNTIL CHECKING MY BANK STATEMENT.  I NOTICED A $662.78 CHARGE TO THEM.  SOMEONE HAD USED MY DEBIT CARD TO BUY AN AIRLINE TICKET.  UNFORTUNETLY I NOTICED THIS TOO LATE AND MY BANK WOULD NOT REIMBURSE ME.  THIS CHARGE CAME STRAIGHT OUT OF MY CHECKING ACCCOUNTING.  I DID FILE A DISPUTE AT MY BANK TO HAVE PROOF OF THIS FRAUDULENT CHARGE.  THE ONLY COMMUNICATION I CAN GET WITH THEM IS THROUGH EMAILS.  I HAVE ASKED FOR CONTACT NAMES AND TELEPHONES NUMBERS AND THEY WILL NOT GIVE THEM TO ME.  THE LAST EMAIL I SENT I TOLD THEM I WAS GOING TO GET AN ATTORNEY AND NOW THEY WILL NOT EVEN RESPOND TO MY EMAILS.  DO I HAVE A CHANCE IN SMALL CLAIMS COURT?  I NEED HELP!!! PLEASE!!!  THANKS.</p>
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		<title>By: christina kirk</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-6778</link>
		<dc:creator>christina kirk</dc:creator>
		<pubDate>Mon, 03 Dec 2007 15:25:24 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-6778</guid>
		<description>YOU DON&#039;T EVEN HAVE TO FLY WITH SPIRIT AIRLINES TO HAVE PROBLEMS WITH THEM.  I NEVER EVEN HEARD OF SPIRIT AIRLINES UNTIL CHECKING MY BANK STATEMENT AND SEEN WHERE I WAS CHARGED $662.78 FOR AN AIRTLINE TICKET AND THEY EVEN BOUGHT FLIGHT INSURANCE FOR $12.00.  I HAVE NO IDEA WHERE THEY DEPARTED FROM OR WHERE THEY WENT.  BUT THEY PAID FOR IT USING MY DEBIT CARD AND IT CAME STRAIGHT OUT OF MY PERSONAL CHECKING ACCOUNT.  UNFORTUNATELY, I DID NOT DISCOVER THIS UNTIL IT WAS TOO LATE FOR MY BANK TO REIMBURSE ME FOR THIS CHARGE.  BUT I FILED A DISPUTE.  DO I HAVE A LEGAL CASE FOR SMALL CLAIMS COURT? I NEED HELP!!  PLEASE!!!</description>
		<content:encoded><![CDATA[<p>YOU DON&#8217;T EVEN HAVE TO FLY WITH SPIRIT AIRLINES TO HAVE PROBLEMS WITH THEM.  I NEVER EVEN HEARD OF SPIRIT AIRLINES UNTIL CHECKING MY BANK STATEMENT AND SEEN WHERE I WAS CHARGED $662.78 FOR AN AIRTLINE TICKET AND THEY EVEN BOUGHT FLIGHT INSURANCE FOR $12.00.  I HAVE NO IDEA WHERE THEY DEPARTED FROM OR WHERE THEY WENT.  BUT THEY PAID FOR IT USING MY DEBIT CARD AND IT CAME STRAIGHT OUT OF MY PERSONAL CHECKING ACCOUNT.  UNFORTUNATELY, I DID NOT DISCOVER THIS UNTIL IT WAS TOO LATE FOR MY BANK TO REIMBURSE ME FOR THIS CHARGE.  BUT I FILED A DISPUTE.  DO I HAVE A LEGAL CASE FOR SMALL CLAIMS COURT? I NEED HELP!!  PLEASE!!!</p>
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		<title>By: christina kirk</title>
		<link>http://www.elliott.org/blog/passenger-sues-spirit-in-small-claims-court-and-wins/comment-page-1/#comment-6777</link>
		<dc:creator>christina kirk</dc:creator>
		<pubDate>Mon, 03 Dec 2007 15:21:10 +0000</pubDate>
		<guid isPermaLink="false">http://beta.elliott.org/photos/passenger-sues-spirit-in-small-claims-court-and-wins/#comment-6777</guid>
		<description>I WOULD LIKE TO GET IN TOUCH WITH A LIVE PERSON IN THE ACCOUNTING DEPARTMENT OR A LIVE PERSON IN HUMAN RESOURES.  I NEVER EVEN HEARD OF SPIRIT AIRLINES UNTIL CHECKING MY BANK STATEMENT AND SEEN WHERE I WAS CHARGED $662.78 FOR AN AIRTLINE TICKET AND THEY EVEN BOUGHT FLIGHT INSURANCE FOR $12.00.  I HAVE NO IDEA WHERE THEY DEPARTED FROM OR WHERE THEY WENT.  BUT THEY PAID FOR IT USING MY DEBIT CARD AND IT CAME OUT OF MY PERSONAL CHECKING ACCOUNT.  UNFORTUNATELY, I DID NOT DISCOVER THIS UNTIL IT WAS TOO LATE FOR MY BANK TO REIMBURSE ME FOR THIS CHARGE.  BUT I FILED A DISPUTE.  DO I HAVE A LEGAL CASE FOR SMALL CLAIMS COURT?  HELP!!</description>
		<content:encoded><![CDATA[<p>I WOULD LIKE TO GET IN TOUCH WITH A LIVE PERSON IN THE ACCOUNTING DEPARTMENT OR A LIVE PERSON IN HUMAN RESOURES.  I NEVER EVEN HEARD OF SPIRIT AIRLINES UNTIL CHECKING MY BANK STATEMENT AND SEEN WHERE I WAS CHARGED $662.78 FOR AN AIRTLINE TICKET AND THEY EVEN BOUGHT FLIGHT INSURANCE FOR $12.00.  I HAVE NO IDEA WHERE THEY DEPARTED FROM OR WHERE THEY WENT.  BUT THEY PAID FOR IT USING MY DEBIT CARD AND IT CAME OUT OF MY PERSONAL CHECKING ACCOUNT.  UNFORTUNATELY, I DID NOT DISCOVER THIS UNTIL IT WAS TOO LATE FOR MY BANK TO REIMBURSE ME FOR THIS CHARGE.  BUT I FILED A DISPUTE.  DO I HAVE A LEGAL CASE FOR SMALL CLAIMS COURT?  HELP!!</p>
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