Three consumers are seeking class-action status for a lawsuit they filed Jan. 29 against airline WiFi provider Gogo Inc.

The suit, filed by the Gogo customers in the U.S. District Court of Eastern New York, contends that the WiFi provider sells its service with an assurance of uninterrupted network access, though it knows it can’t deliver such a product.

“Gogo makes specific promises to purchasers of its services, including that they will each enjoy useful WiFi service above 10,000 feet of altitude,” Bryan Fisher, lead attorney in the Gogo lawsuit, said in a statement to the media.  “That promise is almost never kept.” 

Gogo has not responded to requests for comment. In an interview last September, spokesman Steve Nolan said that Gogo’s airplane WiFi accounts for more than 70% of the U.S. domestic market share. Among the 11 carriers that offer Gogo WiFi on portions of their network are Alaska, American, United, Delta and Virgin America.

Gogo WiFi passes can be purchased online by the hour, day, month or annually.

The litigants in the suit are Ohio resident Charles Salameno, New York resident Maria-Angela Sanzone and Washington resident John Jensen.  

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