FlyerTalk Forums - View Single Post - At What Point Is This “Bait & Switch”?
Old Oct 17, 2016 | 5:30 pm
  #42  
RealHJ
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Originally Posted by GrayAnderson
I'm not a lawyer, but I have to wonder at what point this becomes something I can best phrase as "fraud through gross negligence" (i.e. there wasn't an express intention to deceive, but the company simply refused to change their advertising over a period of time in spite of the offer being withdrawn). In this case, there's a website bug resulting in the wrong fares being offered. They know about it. They don't fix it. They're repeatedly informed of it, and repeatedly decline to fix it. At some point that does cross a line from either an incidental bug (which happens) or some mild neglect (which also happens) to the decision not to fix the bug being a conscious decision.
+1. This is something that Dullta has gotten away with for years. As I remove was stated in some news stories or what not on this a while (a year or a few ago), Dullta's legal team believe that they are covered and can continue with this grossly unethical (at best) practice, as the fare 'change' is disclosed at the last step before the user makes the purchase.

If there was a series of DOT complaints on this, though, then DL may change its tune...
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