Originally Posted by
ctownflyer
Weren't those defeated by the deregulation act? I guess it would come down to whether clubs that didn't require flying are protected by the ADA.
IIRC US prevailed in the Silver Wings lawsuits on its right to determine and change terms and conditions, and our inability (in the first lawsuit in which I was a named plaintiff) to
produce a written contract (this for something we signed up for online!). I don't know that airline deregulation
per se was an issue.
The somewhat sympathetic appeals court judges in the Million-Miler suit opined that any relief would have to come from the DOT, which
states on its own website that "Airlines have wide discretion to change the terms of their frequent flyer programs, but are required to disclose their frequent flyer program rules in their customer service plan and must adhere to any promises made in their customer service plan."
I'm not a lawyer, and I'd be pleased if a distinction like the one you describe between a "club" and "flying" could be drawn. I'm pessimistic but I'll certainly be cheering you on from the sidelines.