Court: Spirit Must Pay TSA Fees on Canceled, Unused Tickets
The 11th Circuit rejected Spirit Airlines’ bid to withhold TSA fees on canceled, unused flights.
Why it matters: The decision shapes how airlines must handle federal fee remittance, with implications for compliance practices and potential impacts on consumer refunds. Carriers need to closely follow rules on federal charges, even for flights that go unused.
- 11th Circuit heard Spirit Airlines v. TSA on April 7, 2026.
- Spirit kept over $2.8 million in TSA security fees on canceled flights across two years.
- Federal regulations require airlines to remit all collected TSA fees monthly.
- Airlines charge $5.60 per one-way trip, up to $11.20 round-trip, for TSA security.
The 11th Circuit Court of Appeals has ruled against Spirit Airlines in its dispute over whether the carrier must remit Transportation Security Administration (TSA) security fees for tickets that passengers purchase but cancel before flying.
At the center of Spirit Airlines, LLC v. TSA, heard on April 7, 2026, was Spirit’s argument that since canceled ticket holders never used airport security, the $5.60-per-segment TSA fee should not be owed to the government. Spirit retained more than $2.8 million in such fees over a two-year period by not remitting the charges for canceled flights, according to the TSA.
Federal regulation 49 CFR § 1510.13(a) requires air carriers to remit all collected security service fees—not just those for flown tickets—on a monthly basis. During oral arguments, U.S. Circuit Judge Andrew Brasher questioned, "When a passenger enters into the contract with Spirit, aren’t they agreeing to pay the fee as part of that contract?"
The Justice Department, representing the TSA, emphasized fees must be turned over if refunds are not actually provided, stating: "All of the money at issue here ended up in Spirit’s pocket as revenue. Refunds did not actually happen."
The outcome clarifies that airlines remain responsible for passing through required federal charges—regardless of whether passengers ultimately travel. This decision could affect refund processes and industry-wide compliance moving forward. More details are available from Courthouse News.
By the numbers:
- $2.8 million — TSA security fees retained by Spirit over two years
- $5.60 — TSA security fee per one-way trip
- $11.20 — Maximum TSA fee per round trip
Yes, but: The decision does not address how other airlines manage TSA fees for canceled flights or whether changes to industry practices will follow.