Sept. 2016: Another passenger "ripped" from her Business Seat
#62
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ETA: Even paying for a new award ticket rather than a new cash ticket or changing the original cash ticket it is hard for me to believe that 60k points + $498 is the correct rate. A one-way to UK would be ~$100 in fees (assuming close-in booking charge on Standard Award) and a r/t would be ~$300 (APD, PFCs, booking fee) for a saver Y award. Maybe a r/t plus E+ seat assignment fees the r/t flight comes to $500ish in fees plus the 60k points??
Last edited by sbm12; Apr 25, 2017 at 12:37 pm
#63
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The complaint has been publicly filed by the Manhattan court: link
Pretty clear the aircraft was an sCO 752, and she paid $1,149 for an at-checkin upsell offer which booked into 1B. According to the complaint she paid "approximately 60,000 American Express MileagePlus miles ... and $498.56 in fees" to change her flight from September 5, 2017 [sic] to September 10, 2016 and "a window seat in the 'Economy Plus' cabin".
[...]
They conveniently don't have any documentation of the "American Express MileagePlus Miles".
Pretty clear the aircraft was an sCO 752, and she paid $1,149 for an at-checkin upsell offer which booked into 1B. According to the complaint she paid "approximately 60,000 American Express MileagePlus miles ... and $498.56 in fees" to change her flight from September 5, 2017 [sic] to September 10, 2016 and "a window seat in the 'Economy Plus' cabin".
[...]
They conveniently don't have any documentation of the "American Express MileagePlus Miles".
#64
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Rich kid and her attorney parents, plus her legal counsel should fact check a little before filing the linked filing. So many holes, where to begin??? American Express MileagePlus? Doesn't exist, the relationship is with Chase, although you can use American Express points for virtually anything, however MileagePlus is not affiliated with American Express. She was downgraded back to Economy Plus, as 21B is an Exit Row seat with extra legroom and considered part of E+. Downgrades, while rare, do happen and the last to get the upgrade is the first to be moved back if a FAM needs the seat for example, or at least that is what I have experienced. Did she receive a refund of her upgrade amount to 1B? Did she bother to call UA to request a refund? With regard to language used by any United Employee; not once have I encountered this, even when I have been confrontational because of a disagreement with staff.
#65
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Is it strange that the ETC is issued the day after the flight? If it was an 8PM flight, wouldn't the ETC be issued the same day (10 Sept)?
Last edited by laxmillenial; Apr 25, 2017 at 1:20 pm
#66
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27. Despite being notified about this incident, has failed to reimburse Plaintiff for the value of her two [sic] upgrades.
28. Indeed United apparently does not consider its breaches and ill treatment of passengers to be worth of any attention at all. United was formally advised, in writing, twice, of the facts and circumstances described herein, on December 19, 2016 and again on April 13, 2017, including a courtesy copy of this complaint, which to date United has simply ignored.
28. Indeed United apparently does not consider its breaches and ill treatment of passengers to be worth of any attention at all. United was formally advised, in writing, twice, of the facts and circumstances described herein, on December 19, 2016 and again on April 13, 2017, including a courtesy copy of this complaint, which to date United has simply ignored.
#67
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We're all parsing some inconsistencies and perhaps misstatements in the newspaper, but its' more than obvious from the exhibits attached to the complaint that at the very least, UA screwed this young woman by taking $1,149 in cash from her at check-in and then instead of refunding it with the downgrade, gave her a $750 voucher. I'd be pretty pissed if it was me, disregarding the alleged vulgar name calling and physical handling.
#68
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I'm still stuck on the $500 and nearly 60k AMEX/mileage plus to "upgrade" to e+....
Is it possible that this stretch of reality wasn't an "upgrade to E+", but rather the change fee and new ticket price difference to change her flight from 9/5 to 9/10 depart? and that in the process she was booked into E+? wagering that she "paid" for the tix change and diff in fare (in all ~$500) using AMEX points, and is double-claiming the charge for the sake of the suit...
Is it possible that this stretch of reality wasn't an "upgrade to E+", but rather the change fee and new ticket price difference to change her flight from 9/5 to 9/10 depart? and that in the process she was booked into E+? wagering that she "paid" for the tix change and diff in fare (in all ~$500) using AMEX points, and is double-claiming the charge for the sake of the suit...
#69
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We're all parsing some inconsistencies and perhaps misstatements in the newspaper, but its' more than obvious from the exhibits attached to the complaint that at the very least, UA screwed this young woman by taking $1,149 in cash from her at check-in and then instead of refunding it with the downgrade, gave her a $750 voucher. I'd be pretty pissed if it was me, disregarding the alleged vulgar name calling and physical handling.
And whether UA screwed this woman out of $1149 is a claim that isn't proven yet, as far as I can tell.
Surprised there was no exhibit proving the attempts to request a refund that the lawsuit alludes to.
#70
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Allow me to show how many defects in this complaint:
1. Who cares if Plaintiff graduated from Columbia? Irrelevant.
2. It is "King's College" at London, United Kingdom. Does the lawyer mean London, KY?
3. UA only operates in Queens. But filing a complaint at Manhattan court? Also, the flight was EWR-LHR, which EWR is located in New Jeresy. Why would a New York State Court in Manhattan has jurisdiction for issues in New Jeresy, or a defendant doing business in Queens?
4. First Cause - nothing was mentioned how intentional UA was.
5. Second Cause - Preempted by federal law.
6. Third Cause - Although UA bears the burden of proof, was she really a "c**t" or not?
7. Fifth Cause - Preempted by federal law.
8. Sixth Cause - Unjust enrichment is NOT a cause of action.
The outcome of this lawsuit? Dismissal without prejudice (lack of jurisdiction).
1. Who cares if Plaintiff graduated from Columbia? Irrelevant.
2. It is "King's College" at London, United Kingdom. Does the lawyer mean London, KY?
3. UA only operates in Queens. But filing a complaint at Manhattan court? Also, the flight was EWR-LHR, which EWR is located in New Jeresy. Why would a New York State Court in Manhattan has jurisdiction for issues in New Jeresy, or a defendant doing business in Queens?
4. First Cause - nothing was mentioned how intentional UA was.
5. Second Cause - Preempted by federal law.
6. Third Cause - Although UA bears the burden of proof, was she really a "c**t" or not?
7. Fifth Cause - Preempted by federal law.
8. Sixth Cause - Unjust enrichment is NOT a cause of action.
The outcome of this lawsuit? Dismissal without prejudice (lack of jurisdiction).
#71
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I'm still stuck on the $500 and nearly 60k AMEX/mileage plus to "upgrade" to e+....
Is it possible that this stretch of reality wasn't an "upgrade to E+", but rather the change fee and new ticket price difference to change her flight from 9/5 to 9/10 depart? and that in the process she was booked into E+? wagering that she "paid" for the tix change and diff in fare (in all ~$500) using AMEX points, and is double-claiming the charge for the sake of the suit...
Is it possible that this stretch of reality wasn't an "upgrade to E+", but rather the change fee and new ticket price difference to change her flight from 9/5 to 9/10 depart? and that in the process she was booked into E+? wagering that she "paid" for the tix change and diff in fare (in all ~$500) using AMEX points, and is double-claiming the charge for the sake of the suit...
As to the lawyers or would be lawyers in the crowd, under notice pleading I can't imagine this complaint being thrown out on those grounds.
#72
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I smell so much BS with this complaint. To many of the more seasoned travelers on FT, this is a clear downgrade situation (reasons unknown). We can all speculate on the situation and the reasons, but the real info will not come out unless there is a trial.
Since everything reported so far has been a one sided story, it is entirely possible that MANY facts are being left out by the plaintiff, as they would not support her cause. Unless she has corroborating witnesses for some of the allegations, much of the complaint reads as puffery.
I was watching a news story the other day & the commentator was saying that although Dr Dao was going to receive a large settlement, UA would not go to the moon because it would give others the impression that UA was a pinata that they could hit and money would come out.
Well, this young lady is just taking her swing to see what she can get.
Since everything reported so far has been a one sided story, it is entirely possible that MANY facts are being left out by the plaintiff, as they would not support her cause. Unless she has corroborating witnesses for some of the allegations, much of the complaint reads as puffery.
I was watching a news story the other day & the commentator was saying that although Dr Dao was going to receive a large settlement, UA would not go to the moon because it would give others the impression that UA was a pinata that they could hit and money would come out.
Well, this young lady is just taking her swing to see what she can get.
#73
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Which would have been refunded FWIW with a buy up to C, albeit sometimes only after prodding UA.
That has to be perhaps the worst photo I have seen. It makes me think she is badly hung over, or worse....
But the take away is not anything about her, or her experience, it is that it is now open season on United in specific, and more generally airlines. ^ AA appears to have recognized this, United, not so much. ...
I think this is what happened. My understanding is that many of the EWR-LHR routes are on 3 cabin 763s. So (a) she paid for Y, and then upgraded to J with miles and $500 (sound right to me) (b) at the airport she upgraded J to F with $$$, and was in 1B (a GF seat). My understanding is that you are not technically allowed to do this - double upgrade. I can see some over-entitled EWR GA playing god, seeing the double upgrade and sending poor smack addled teen to Y. Probably more likely than not.
But the take away is not anything about her, or her experience, it is that it is now open season on United in specific, and more generally airlines. ^ AA appears to have recognized this, United, not so much. ...
I think this is what happened. My understanding is that many of the EWR-LHR routes are on 3 cabin 763s. So (a) she paid for Y, and then upgraded to J with miles and $500 (sound right to me) (b) at the airport she upgraded J to F with $$$, and was in 1B (a GF seat). My understanding is that you are not technically allowed to do this - double upgrade. I can see some over-entitled EWR GA playing god, seeing the double upgrade and sending poor smack addled teen to Y. Probably more likely than not.
#75
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