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Old Dec 24, 2008 | 10:40 pm
  #16  
sbrower
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Originally Posted by mahasamatman
I do not see how this section applies. If I cash in an award with your name on it, you are certainly entitled to use it by the terms of the ticket, regardless of whether you pay me for it or not. Not to mention that federal preemption makes any state laws pertaining to aviation illegal in the first place.
Making things up doesn't actually effect whether you are in violation of the statute.

The statute specifically applies to obtaining transportation, on a common carrier, in violation of the rules of the common carrier. The statute applies when the form of payment is contrary to the applicable rules (award miles sold, in violation of the program rules).

Moreover, I don't think that you can find any authority to suggest that a criminal statute relating to sales of mileage is preempted by the federal law in the area. What federal law do you think says that it is legal to sell a ticket purchased with mileage?
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