FlyerTalk Forums - View Single Post - UA thread: Is Hidden City Ticketing (HCT) illegal, immoral or just part of the game?
Old Jul 1, 2024 | 11:04 pm
  #52  
fttc
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Join Date: Jul 2009
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Originally Posted by findark
Entering into a contract under false pretenses with the intent of violating the contract for financial gain, principally by deceiving the counterparty into believing you will follow the contract, is fairly unambiguously fraud, which is a criminal offense (federally under 18 USC 1341 as discussed upthread).
This is pure fear mongering without basis. The first thing before fraud argument can even be attempted is determining the value of the goods. Of course the airlines will argue HND-IAD is worth more than HND-IAD-PIT. The consumer will argue HND-IAD is worth less than HND-IAD-PIT. Which side do you think the court will decide? Here is why the airlines have brought zero criminal case in US even though they think thousands of dollars are "stolen", because they are afraid that the court will rule that consumers are right. Then the airlines are totally screwed.

That's why the only argument they try is violation of contract, not fraud. And on the skiplegging websites, same thing, access of data without contract. If they think they have a strong argument on fraud, they would have argued conspiracy to commit fraud on the websites, and called police.

Now violation of contract is just civil case. Businesses break contracts all the time. Sometimes it's cheaper to pay the penalty than continue the contract. Sometimes they argue the contract is illegal and void and they may win too. Even that, I don't think airlines have sued any consumers in US on violation of contract. All they have done is terminating the accounts and stop people from flying which are based on another set of contracts. Why didn't they sue people in court to get money back directly? Because again, they are afraid that the court will rule the contract on hidden tickets is illegal and void, and then they are totally screwed.

Originally Posted by bocastephen
If some of the big legal words and concepts being thrown around in this thread were applicable in real life, this entire website and message board would have shut down years ago by the feds and many of us dragged off to grand jury land for any number of violations of dozens of "contracts agreed to at time of purchase"
Exactly. BTW, I read some Supreme Court justice did skip legging himself.
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