xolinlevh

you can get that many TCVs in a couple days now, heck 2 friends of mine got half that on one trip from multiple bumps

mhbaker

If he hated WorldPerks, I can't wait to hear what he thinks about SkyMiles!

PTravel

What about the lawsuit makes it "bogus," in your opinion?

sbrower

Pending reading of the actual complaint, I am curious to imagine what the proposed "class" is. People who have been terminated from the program for excessive complaints? How large is the potential class? Where is the typicality (unless they were to admit that it is "people who complain, even when there isn't a significant problem, for the purpose of obtaining compensation.")

I would *love* to represent NW on this. I am sure (before I even read the pleadings) that they have statistics on average number of complaints, etc. This customer likely stands out on any number of beautiful statistical charts.

PTravel

I haven't read the complaint, either, but I suspect that it is, "People who have been terminated from the program though they have not violated the express terms and conditions." If, in fact, you can be terminated for any reason that the airline decides is valid, even if it is not part of the terms and conditions, doesn't the contract formed then become illusory and promissory estoppel apply?

I'm sure he does. Is there something in the T&Cs that says, "If, in our sole discretion, you complain to much, you can be removed from the program and all of your accrued miles will be forfeited"? If not, then what, exactly, is the consideration for the passenger?

motytrah

DL will work very hard to get this overturned. Not because of the merits of the specific case, but because they don't want people to be able to sue them at all.

So this guy is on kind of shaky ground, but imagine if DL could be sued over over something like the misleading F fares that are really Y-UP? That could turn into a very large class action for all the folks that paid more only to get the honor if sitting in Y.

Sez_Who

Doubtful. Presumably the old NW language included something to the effect that the airline reserves the right to remove anyone from their FF program. Maybe some conditions were listed (like fraud) but I would assume they didn't list all the specific reasons in their T&C.

Wouldn't be surprised if DL argues there is no contract at all. Membership in a FF program requires no consideration. Rather, the airlines merely offer pax an opportunity to join with certain limitations like possibly age, nationality, etc.

Don't see how estoppel really comes into play here. Perhaps IF there is a finding this is a contract, and IF the rabbi can successfully argue that he reasonably relied on it to his detriment, maybe.

PTravel

A contract that provides that a promissor doesn't need to perform based solely on the exercise of their discretion, which need not be reasonable, is, by definition void because it lacks consideration for the promise (the term is, "illusory consideration"). Promissory estoppel is a doctrine that applies to promises made without consideration and requires, essentially, reasonable reliance on the promise coupled with a change in position to the detriment of the promissee.

In plain English: A contract that says, "we can terminate you from the program whenever we want for any reason or no reason," is not enforceable against the promissee (the passenger) but is enforceable against the promissor (the airline) under a promissory estoppel theory.

The consideration on the part of the airline is the benefits from the program, i.e. earning free travel, etc. The consideration on the part of the passenger is flying the airline. If DL argues there is no contract at all, then the passenger could and should move for summary judgment on either equitable estoppel or promissory estoppel grounds (though fraud is also a possibility).

Of course he did. He flew Delta. In this case the promise was, "Fly Delta and we'll give you credit for miles that you can redeem for free travel and other benefits." He flew Delta. They kicked him out of the program and took away his miles. If the contract contains illusory consideration because of a, "we can kick you out whenever we want," provision, then promissory estoppel kicks in. If it's fraud, the contract is void ab initio, and, given that it would clearly be an intentional fraud, punitive damages are available.

jetta2.0t

.....

DaveNC

He continued to fly NW repeatedly despite an enormous number of complaints. It is obvious that NW was unable to meet his needs, so why not switch airlines? If he refused to switch airlines, NW should also be able to say, "Hey, we can't meet your needs, so we are going to terminate our WorldPerks relationship with you."

The whole things strikes me as an individual trying whatever way he can to get extra money/benefits from NW/DL.

sxf24

Well, that aligns quite nicely with the philosophy of most trial lawyers, hence the class action lawsuit.

GUWonder

What trade is that?

Jaimito Cartero

I had not much nice to say about NW/DL during the same time period. They did not, however, revoke my account.

As a good FT'er, I worked diligently at reducing my NW/DL mileage by 2.5 million miles, and to this day try to find low level awards that don't turn a 8 hour flights into 28 hours, and doesn't cost RTW mileage for a Y USA-Asia ticket.

GUWonder

Does it strike you that he really was trying whatever way he can t get extra money/benefits from NW/DL? Has anyone asserted that he did anything unlawful?

I am just waiting to see how much DL is going to pay to try to undermine the court decision that is allowing the class action lawsuit to go ahead.

At least perhaps there will be some useful information coming out of such a lawsuit. And perhaps a few more people will get paid by DL, thus stimulating the economy.

dickinson

Actually, the complaint says he flew Northwest.