Originally Posted by
Fredd
OTOH UA
itself describes it as the
Million Miler program, albeit as the "MileagePlus® Million Miler program."
While one has to be a member of MileagePlus to attain Million Mile status, that would seem largely for the purpose of documenting lifetime flight miles. One doesn't even have to attain any particular status level within MileagePlus in order to eventually become a member of the "Million Miler Program."
The
judge stated in his ruling, "However, after examining the exhibits, the Court does not find any mention of Million Miler membership or the benefits a member receives after flying 1,000,000 miles."
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Thank you for bringing attention to a critical portion of the judge's decision.
Following the sentence you quoted above, is another portion of the judge's decision that expands on whether after reaching one million-miles in the Mileage Plus program, can a million-miler rely on documents posted by UA to support being a separate group within the Mileage Plus program. Specifically, the fact of " - - achieving the prestigious 1million mile
threshold."
What is the above quoted "
threshold" (quoting UA) and what do customers achieve at reaching such "threshold?"
Is the "threshold" the point when the "lifetime" benefits become earned and the member is not bound by the general rules of Mileage Plus (UA's right to change the program) with respect to promised "lifetime" benefits?
Is the "threshold" the point when notices and announcements posted to united.com can be relied on as legally binding to UA?
These are only some of the questions that need definitive answers from the court.
Here is additional comments from the judge's decision that follows the applicable portion quoted above:
"While Plaintiff’s Complaint states explicitly that the Million Miler Program was part of the Mileage Plus Program, Plaintiff and his proposed class are not mere Mileage Plus members. Instead, the Complaint is clear that Plaintiff and his proposed class are Million Miler Program members.
Therefore, at this stage of the litigation, the Court finds it plausible that Defendants had a contract with Million Miler members which differed from the contract they had with other Mileage Plus members.
In his response opposing Defendant’s Motion, Plaintiff argues that exhibits 1 and 2 are not the contract Plaintiff seeks to enforce and points out that these documents do not contain the terms Plaintiff alleges Defendants breached. Plaintiff lists the denial of lifetime benefits which Defendants allegedly promised him in exchange for his purchase of airline tickets as the breach."
These additional comments might provoke some good recommendations or ideas from those genuinely interested in this class action.
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