Frontier + Spirit may be breaking the law..
Every attempt I’ve made since 2022 to purchase a ticket at the counter has been denied. Here’s why that matters (and why it may be illegal).
Disclaimer: I am not a lawyer and this is not legal advice.
What’s a CIC fee?
Low cost carriers like Frontier and Spirit gamify their systems as much as possible to confuse and potentially extort customers, but also to avoid taxes. One of the ways they do this is by charging a CIC fee - a “customer interface charge” - which they add to your ticket when you purchase them online. This is not the fare, so it’s not subject to the 7.5% federal excise tax. At a maximum of ~$22.99/segment on Spirit and $23/segment on Frontier, this is a way for airlines to add up to $46 to RT revenue or $92 on an indirect ticket (4 segments).
The catch is that these airlines can online charge the fee when selling online. As this is an “interface fee” they can’t charge it at the counter. Low cost carrier lovers like myself try to avoid this fee by paying at the counter, cutting a substantial amount off the fare so you can really enjoy the ultra low cost in ultra low cost carrier.
Allow me to explain more clearly..
Digging in to the CIC’s legality:
The DOT has regulations (specifically 14 CFR § 399.84) requiring that airlines advertise the full price of air transportation, including all mandatory fees. While this regulation doesn't explicitly state airlines must provide a fee-free booking method, there is a principle that airlines shouldn't impose unavoidable fees that aren't part of the actual air transportation.
Looking at 14 CFR § 399.84, the regulation distinguishes between:
Mandatory charges (which must be included in advertised prices)
Ancillary service fees (defined as "fees charged for any optional service related to air travel beyond passenger air transportation")
The CIC fee fails the definition test for an ancillary fee because:
Purchasing a ticket isn't "beyond" air transportation - it's the very means of obtaining it
It can't be "optional" if the airline refuses counter service, making online booking (and thus the fee) mandatory
This creates a regulatory contradiction: if the CIC is mandatory (because counter service is refused), it must be included in the advertised base fare. If it's truly optional, there must be a fee-free alternative available (counter service).
If an airline creates a fee specifically for using their online booking system (the CIC or "Passenger Usage Fee"), but then makes it impossible to book without that system by refusing counter service, they're effectively creating a mandatory fee while pretending it's optional. This could potentially be considered a deceptive practice under DOT regulations.
Table of CIC fees charged by US LCCs in Southwest’s comments to the DOT
Southwest Called Out These Predatory Practices to the DOT in 2023
In 2023, Southwest Airlines submitted comments to the Department of Transportation (DOT) regarding a proposed rulemaking about airline fee transparency (source).
Southwest supports DOT's goal is to make airline fees more transparent to consumers, particularly regarding:
Baggage fees
Carry-on fees
Change/cancellation fees
Seat selection fees
Southwest specifically raised concerns about deceptive advertising practices by some airlines regarding "percentage-off" discounts. They argue that some airlines advertise large discounts (like "75% off") but:
The discount only applies to an artificially low "base fare"
Mandatory carrier-imposed fees (which can be substantial) are excluded from the discount
This results in actual savings being much lower than advertised
2. Southwest provided examples of these practices, including:
Spirit Airlines advertising 75% off but only applying it to a $0.11 base fare while charging full price for a $22.99 "Passenger Usage Fee"
Frontier Airlines advertising 50% off but excluding their $46 "Carrier Interface Charge"
3. Southwest recommended that the DOT:
Define "base fare" to include all mandatory carrier-imposed fees
Require clearer disclosures about Basic Economy fare restrictions
Apply transparency rules consistently across all sales channels (airline websites, online travel agencies, etc.)
Unlike some competitors, Southwest notes that it includes most common amenities in its bundled fares and doesn't charge these types of separate fees. Obviously this has recently changed but it was their stance at the time.
Bonuses for Extra Junk Fees = Incentive to Scam?
In addition to the ancillaries noted… it gets worse. Frontier especially was heavily nudging its employees to fine for more fees to increase their bottom line.
We all lived through (and saw on TikTok in the summer of.. 2023? around the time the GoWild Pass debuted) Frontier’s agents charging customers for their allegedly “oversized” personal items.. and later found out they were receiving a $10 kickback on the $99 at-the-gate fee (more info). While many of the videos started rolling only after the confrontation started - and so perhaps a few items had been removed from the bag already - it was clear that even when the bag fit, gate agents were still unfairly charging customers.
Many online claimed that the bin size was smaller than Spirit’s, even though the published sizing online was the same (it’s true, I checked in person) and that Frontier’s bins had screws on the inside of the bin, further reducing the bin size (also true, again I fact checked).
Not a pretty picture for the airline, and certainly not a reputation that Frontier especially can come back from, even if they’re in their “replace Southwest with us” era of “everything is Free*” (link for info). It won’t last (it can’t, based on their model) and it’s not good enough or lasting enough PR for us to forget what we lived through.
How to Win Customers in the LCC Game
For anyone that’s followed along for a while, you know I’m an LCC enthusiast. Between the Go Wild Pass (2x), Air Asia Unlimited Pass, and having Spirit Gold between myself + P2 for 4 years straight.. LCCs have a special place in my heart. Low cost carriers have an entrepreneurial spirit, doing what others wouldn’t dare to do, and all the successful low cost operators across any sector have more than a few tricks up their sleeve (great article - recommend) to maintain their success against all odds. They have:
Unusal Leaders that stay with the company intentionally, on a long horizon (e.g. lifelong CEOs)
Elimination of long-standing barriers to operating, typically through an innovative model
Product + Process design reinforce each other, utilize multipurpose technology to connect company and customer… and more
Basically, to be a successful and effective low cost operator, you need eccentric leadership, a strong team, and a truly innovative approach to the business - doing something old in a new way - to succeed. Where in there did I mention breaking your own rules?
Setting up the game for customers to intentionally fail, and then cheating the game are not part of those tricks for success. If you set up the rules for a game, both parties agree to follow them, magnanimously. It is up to the company if they want to occasionally give an inch of leeway (e.g. Norse not checking personal item/carry on sizes for premium customers, off the record), or remain stringent at every corner (e.g. Air Asia forcing customers in many markets to go to the check in counter to get their personal item/carry on total weight (max 7kg) no matter what), but the rules of the game must be set, clear and followed for both parties to develop a healthy customer-company relationship.
In this case, with low cost carriers:
Forcing customers to pay for bags within size
Not selling tickets at the counter, despite charging a convenience fee online for “buying online”
Involuntarily bumping customers without giving them the option for cash, only a voucher (know your rights)
Describing a voluntary bump offer as cash, then bait and switching with a voucher (especially one only usable “all in one go” meaning use it or lose it)
Not automatically refunding customers to original form of payment (your rights)
These practices aren’t just contemptible or deceptive, but some are in fact illegal, too.
Airlines publish their contract of carriage for a reason - it’s a legal contract between you and the airline that they agree to follow. Read them before flying (Spirit’s, Frontier’s, Allegiant’s, DOT rules). Heck, even upload a copy to an AI like Claude and ask it to summarize certain parts for you if you’re not in the reading mood, but know your rights.
Hate The Player and The Game?
It’s despicable that the DOT aims so low as to only ask airlines to let families sit together free (link) and is barely touching the topic of junk fees. Let’s be clear: Frontier and Spirit are breaking their own contracts of carriage and the law, on a regular basis. The fact that consumers have no protection from the government is egregious. These types of situations are in fact very small and difficult to prove in small claims court, such that consumers won’t pursue action.
It’s like getting a bee sting over and over again. Not big enough to do anything about, but it still hurts, and it adds up.
So what do to?
Discuss with customer service? Yes, I recommend doing this every time, though it may yield nothing. Let’s be clear though:
Spirit offers chat (basically incompetent on a regular basis) or mailing them. I sent mail in October 2024 as a gold member and have yet to hear back a word.
Frontier offers email customer service, which, since around November 2023 or so has been quite responsive and eager to give out vouchers. Please note that the vouchers are usable only on the base fare and all in one go. That being said, if you have technical or customer service issues of any sort, I recommend giving it a try and keeping the conversation going until you get a voucher. If I remember correctly, they now expire in 6 months not 3, so plan accordingly. Try to book the entire family on a voucher or pick an expensive flight. Only usable online.
Sue? Only if you have sufficient evidence and the wherewithal to chase it down in court; I once had that energy but my threshold is a certain level of pettiness + $300
Stop flying US LCCs altogether? You can, but it hurts you, too, to pay higher prices on other carriers
Turn them in to the DOT? Yes, you should, every single time.
Let it be clear, my recommendation is to:
Collect evidence - If things start looking hay wire, start recording. Audio, video, whatever you can get - but video is best. Always get names.
Immediately turn in a DOT complaint - Before you forget the date, location, person’s name or incident, turn in the DOT complaint here
Create a Folder + Continue to Collect - I’m a big fan of collecting evidence and building a case; go ahead, it won’t hurt. Should the DOT ever need your evidence or a case become bigger, you have it ready to go. If it’s a continuous issue, consider suing, using your file of evidence.
What do the airlines have to say?
Both Frontier and Spirit’s staff have claimed that “once they open the check in for the current flight, they have to finish it before they can sell a ticket”. I am not sure if this is true or not, but I have purchased tickets in the past mid-check in, so they do have some option to sell. Whether that requires shutting down their computer and rebooting it, I don’t know, but the option is there. The problem is that if you’re located at a spoke, not a hub (DEN, MCO) the staff is only there when they are specifically checking in a flight. They are not at the counter all hours of the day, only those hours and once check in is done, they pack it up and leave, making it nearly impossible to buy a ticket assuming they’re telling the truth. I’ve been successful only once, at Frontier in Indianapolis.
For my past denials and actions:
Frontier, reported to customer service and DOT, did not receive a resolution from customer service once I mentioned that I would be reporting them to the DOT
Frontier, unsuccessfully recorded the transaction (camera not close enough to pick up good sound); did not turn it in
Spirit, did not turn in to customer service
Denied? Deceptive Action? Let us know.
With the current environment in “rolling back" everything (screw you specifically, Ed Bastian), there’s little hope for consumers, but I encourage you to not give up. Record everything. Turn in everything. The sun will come out tomorrow.
We need a strong DOT, and although many consumers felt encouraged by Pete Buttigieg’s actions under Biden, it was the lightest hand-holding a government could possibly impose, in my opinion. He was creating a pathway, but I would have appreciated a machete to thrash the bushes instead of a pair of scissors. Now, under a new administration, we’re likely on our own again in the Wild, Wild West. Arm yourself with knowledge by reading the contracts of carriage and staying informed of any DOT changes. Additionally, always book with a good travel credit card for travel interruption and cancelation insurance. As always, please be extra diligent if booking with points, as only a few cards (Visa Infinite cards) will offer you protections when only covering the taxes + fees with the card.
In the meantime, please note all your instances of denials / contract of carriage-breaking actions below. We can make the comment section a place of record. Please note the:
Carrier
Date, Time
Location
What happpened
I’ll go first: My latest denial to purchase a ticket was at the Spirit counter in Indianapolis, January 29th 2025 at 4:31am.
