A case for frequent fliers

[Foreigner]

http://www.nytimes.com/2013/12/04/u...considers-frequent-flier-contracts.html?_r=2&

Interesting case before the courts. Some judges have expressed sympathy for the claimant.

 

[boomy]

They revoked his FF membership because he made too many complaints and booked himself on full flights in the hope of being bumped?! Sounds like a bunch of lame excuses to me.

What's next? Qantas revoking FF memberships for pax who book JQd and use the F lounge too often?

 

[eastwest101]

A very interesting and legally complex lawsuit. As I read it - the airline is relying on the US Deregulation Act saying that States cannot make laws about pricing and contracts in the airline industry, and as the Rabbi is presumably sueing in for some sort of Breach of Contract and relying on State consumer protection laws, then the Supreme Court judges have to make the call that does the US Aviation Deregulation Act override or preclude a breach of contract law?

I can't see how that legal argument will stand as it wouldn't have been the intention of the US Aviations Deregulation Act to preclude any and all consumer law and civil contract law from operating - otherwise the US Airline Industry would become a lawless jungle!

Its even more complex than that but some interesting precenents to be set about US contract law still to be played out - especially topical given the huge stroke of the pen devaluation of points in a lot of US frequent flyer schemes at the moment, is it Alaskan Airlines and United/US Air that have had the big devaluations lately?

 

[drewbles]

Don't most FF programs have a 'we reserve the right to cancel without notice and reason' clause? I wonder how well these would hold up, here or in the LOTFAP.

 

[serfty]

I guess the word unconscionable might come to mind ...


... and be subject to interpretation.

 

[medhead]

A very interesting and legally complex lawsuit. As I read it - the airline is relying on the US Deregulation Act saying that States cannot make laws about pricing and contracts in the airline industry, and as the Rabbi is presumably sueing in for some sort of Breach of Contract and relying on State consumer protection laws, then the Supreme Court judges have to make the call that does the US Aviation Deregulation Act override or preclude a breach of contract law?

I can't see how that legal argument will stand as it wouldn't have been the intention of the US Aviations Deregulation Act to preclude any and all consumer law and civil contract law from operating - otherwise the US Airline Industry would become a lawless jungle!

Its even more complex than that but some interesting precenents to be set about US contract law still to be played out - especially topical given the huge stroke of the pen devaluation of points in a lot of US frequent flyer schemes at the moment, is it Alaskan Airlines and United/US Air that have had the big devaluations lately?

The bit I read on this in the local reporting is the court is only considering whether his complaint involves pricing. The decision wouldn't override all contracts law.