Northbrook woman can't sue over airline baggage fees

SPRINGFIELD - A Northbrook woman who sued American Airlines over a refund of her baggage fees can't continue with the lawsuit, the Illinois Supreme Court ruled Thursday.

Because Andrea Barber eventually got a refund before she filed to turn her case into a class-action suit, it had to be dropped, the court ruled.

Andrea Barber sued the airline in 2008 after her flight was canceled. The company refunded the cost of her ticket but didn't immediately refund her $40 baggage fee, saying it was policy not to refund baggage fees.

Barber sued days later and her attorney was trying to find out if many other people had similar experiences in order to create a class-action suit.

During that process, the airline put $40 back on Barber's credit card before she had a chance to file for the class-action suit.

“Instead, they clandestinely credited her card,” Barber's attorney, Warren Lupel, said.

The Supreme Court ruled Thursday that because American Airlines refunded her money before she filed the class-action motion, Barber couldn't continue.

“We felt confident in our legal position and American Airlines is thrilled that the Supreme Court accepted this appeal and reached the same conclusion,” said Mike McQuillen, the airline's attorney.

A spokesman for the airline said its current policy is to refund baggage fees if a flight is canceled.