Originally Posted by
Carolinian
Regardless of all of those hidden details, the misrepresentations by CO constitute IMHO unfair and deceptive trade practices which would be in violation of consumer protection laws of most states and actionable in court. Those laws often provide for the consumer to recover treble damages plus attorney fees.
Also you have not received all you bargained for in your transaction with CO. CO represented that you would receive a certain number of miles and they have failed and refused to deliver them. You have not received the full benefit of the bargain. I would cite your state's consumer protection law, by statute number in your challenge with your credit card. I would calculate the value of the missing miles based on the rate at which CO sells them to members.
Also, CO was functioning as the agent of LH and operating within the scope of its duties, and there is an argument that the principle is liable for the representations of its agent.
That all sounds good on paper, but what is the person's real "damages"?
The lost "value" of the "2000 EQMs" --- which can be purchased from the airline (
via e.g., Mileage Maximizer) for about 7.5 cpm..... hence their "value" is about $150 per ticket.
Is someone REALLY going to hire an attorney to sue the airline in a
superior court for $300? (treble damages/attorneys' fees,
etc. etc. aren't usually recoverable in small claims courts).
An A- for "wishful thinking" perhaps, but a D- for practicality/reality.