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Can a New York resident sue a Florida located travel agent for airline imposed cancellation fees that were never disclosed.

New York, NY |

I booked via e mail exchanges only a Business class flight on South African Airlines thru a travel agent (located in Florida) then cancelled 3 weeks later but 5 months before the scheduled flight. The airline imposed a 25% cancellations fee the existence of which was never disclosed to me by either the agent or the airline until AFTER I cancelled. It amounts to over $4000 in penalties. The airline refuses to budge on the penalty.

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Attorney answers 2


The first issue is to figure out if you would win. As for suing in NY that is very fact specific and case law goes both ways on whether email alone is enough to get jurisdiction.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


You’ll probably be best off complaining to someone who they will worry about, which is not you. Call the Aviation Consumer Protection and Enforcement Dept. Of the US Dept. of Transportation 24 hours a day at 202-366-2220 (TTY 202-366-0511) to record your complaint. Calls are returned Monday through Friday, generally between 7:30 am and 5:00 pm Eastern time or you can write to
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
1200 New Jersey Ave, S.E.
Washington, D.C. 20590

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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