Originally Posted by
Adam1222
A 17200 claim is preempted (not sure what theory you have as to why it wouldn't be).
You wouldn't be able to have a 17200 claim for non California residents.
The cost of buying 90000 miles would not be the appropriate measure of damages here and likely would not be available in small claims court.
I truly think in the court of public opinion, it's the person who brings a lawsuit here, not Iberia, that comes off looking bad.
I think there is an argument that the 17200 claim is not preempted because (a) the ADA doesn't apply to tickets advertised in the United States for travel outside the United States and (b) advertising for promotional miles is not a routes/service issue. I suspect it would get past a motion to dismiss.
You might be right about the California resident only under the 17200 but that with the breach of contract claim is a pretty substantial sum. And I've never seen plaintiff's class action attorneys worry about the court of public opinion.
But ... if the damages aren't the value of the lost promotional Avios, what would they be? I realize that it doesn't cost Iberia 1600 Euro but my cost to replace those 90000 Avios is 1600 Euro.