FlyerTalk Forums - View Single Post - To Sue or Not to Sue: AA Won't Give Me My Miles [from fraudulent booking]
Old Jul 15, 2014 | 8:15 am
  #54  
Dr. HFH
FlyerTalk Evangelist
30 Countries Visited
3M
All eyes on you!
15 Years on Site
 
Join Date: Jan 2007
Location: BOS/UTH
Programs: AA LT PLT; QRPC PLT/OW EMD; Bonvoy LT Titanium
Posts: 14,563
Originally Posted by reeg2
It's pretty easy to see this as theft from the OP. If you invite someone into your house and they walk off with your possessions, that's still theft, right? You don't lose standing simply because they didn't smash a window.

Why does the OP have no recourse against someone doing precisely the same thing? AA should just refund the 50k miles and be done with it. Change the passwords, remove the cc info and move on.
Your analogy is perfect. OP was the victim of a theft. But the theft was not committed by AA. It was committed through the complicity or negligence of his ex-girlfriend. In the situation of a theft from your bank account, the bank reimburses you due to a provision in commercial law which says that the party which first deals with the wrongdoer bears the loss. However, that doesn't apply to affinity programs and their transactions.

Someone entered your house (AAdvantage account) using a key (access codes/passwords, etc.) provided by or stolen from someone to whom you entrusted the info. I don't see that AA has any obligation here.
Dr. HFH is offline