Fly Clear / Verified Identity Pass

Practice: 
Consumer Protection
Phase: 
Current

Chimicles & Tikellis, along with its co-counsel, has filed a class action lawsuit in New York state court against Verified Identity Pass (“VIP”). Up until June 22, 2009, VIP sold subscriptions to Fly Clear cards, a service that allowed customers to expedite the security check-in process at over 20 airports nationwide. VIP reportedly sold Fly Clear cards to hundreds of thousands of consumers across the United States, and offered these subscriptions in lengths varying from six months (at a cost of $89) to ten years (at a cost of $1,190.00).

According to the complaint filed by C&T, VIP was still selling and actively marketing its Fly Clear card service to consumers immediately prior to June 22, 2009. On June 22, however, VIP abruptly – and without any prior public warning – ceased all operations, the complaint alleges. The complaint claims that VIP is not offering refunds to consumers, notwithstanding language in its contracts with consumers that provides for pro-rata refunds when the Fly Clear accounts are canceled.

The complaint asserts claims for section 349 of the New York General Business Law, breach of contract, and unjust enrichment. The complaint seeks class action status on behalf of a class of all persons in the United States that purchased Fly Clear Cards from VIP, and who had active accounts immediately before the company ceased operations on June 22, 2009.

The complaint can be viewed by clicking below.

For additional information about this lawsuit, please contact the attorneys below.

AttachmentSize
FLY CLEAR AS FILED COMPLAINT.pdf387.24 KB
Attorneys to Contact: 
Joseph G. Sauder (JosephSauder@chimicles.com)
Benjamin F. Johns (BFJ@chimicles.com)
Matthew D. Schelkopf (MatthewSchelkopf@chimicles.com)
361 West Lancaster Avenue, Haverford, PA 19041 Phone: 610-642-8500

To email us about this case