Originally Posted by
LegalTender
Obviously, all dissenting judges are outvoted. All 3 recognized the Act’s preemptive effect. MileagePlus Program rules have always allowed United to tinker with the program and Lagen failed to prove that Million–Miler bennies are/were separate. But the Court cited a 1992 ruling that the ADA “does not give the airlines carte blanche to lie to and deceive consumers." It channels grievances to DOT, the choice Congress made.
Hence the question, does a paid club membership that had no airline ticket requirement fall under the ADA?
And does UA want this to be the test case?
I'd wager that UAs lawyers have been debating this since I raised the issue.