SOUTHWEST SUES STARTUP COMPANY THAT MONITORED AND DISTRIBUTED AIRFARE CHANGES
February 7, 2018
In early January, Southwest sued startup company SWMonkey.com and its founders, Pavel Yurevich and Chase Roberts, in U.S. District Court in Dallas. The airline alleges the company and its founders violated the terms and conditions of Southwest’s website by improperly taking fare data off the site. The suit also alleges that Mr. Yurevich and Mr. Roberts violated trademark laws as well as the Computer Fraud and Abuse Act by accessing Southwest’s “computers without authorization or in excess of authorized access.”
SWMonkey.com was launched in November 2017. The startup’s business model involved charging a $3 fee for an automated email notifying passengers when Southwest fares or mileage requirements dropped on the airline’s website. With this knowledge, passengers could rebook at the lower fare, as Southwest allows travelers to rebook at lower prices and holds the difference for future travel. Following cease-and-desist letters from the airline, Yurevich and Roberts ended their service in late November.
At issue in the suit is whether airlines’ fares are public information. Though airfares are easily obtained, prices for certain schedules and city pairs are not generally published. Southwest sells its tickets on its own website and, like other major airlines, restricts the use of automated scraping tools on its website.
Southwest alleges in the suit that it has lost at least $5,000 and will seek damages, including legal fees.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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