Class Action Lawsuit Against Aeroplan?
Dec 2, 2019, 12:23 pm
#3
Join Date: Apr 2016
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Litigation is not the first step to solve the problem, it’s the last step. Just ask any lawyer or judge. It’s in your best interest to contact Aeroplan to try to resolve the problem, and gather as much evidence as possible, should litigation becomes necessary.
Whether a case can be filed as class action suit or not, or whether several cases can be combined or not, is beyond my knowledge. You need to consult a lawyer in a specific field.
Whether a case can be filed as class action suit or not, or whether several cases can be combined or not, is beyond my knowledge. You need to consult a lawyer in a specific field.
Dec 2, 2019, 12:30 pm
#5
Original Poster
Join Date: Apr 2007
Posts: 153
I bet @Speedy12 is frustrated that aeroplan can't be contacted easily.
Luckily my issue is not super important but there are others with super important concerns and they can't get a hold of aeroplan either.
Dec 2, 2019, 12:35 pm
#6
Original Poster
Join Date: Apr 2007
Posts: 153
Litigation is not the first step to solve the problem, it’s the last step. Just ask any lawyer or judge. It’s in your best interest to contact Aeroplan to try to resolve the problem, and gather as much evidence as possible, should litigation becomes necessary.
Whether a case can be filed as class action suit or not, or whether several cases can be combined or not, is beyond my knowledge. You need to consult a lawyer in a specific field.
Whether a case can be filed as class action suit or not, or whether several cases can be combined or not, is beyond my knowledge. You need to consult a lawyer in a specific field.
You obviously have not tried contacting aeroplan recently?
I contacted aeroplan several times in Feb, May and August this year and I was actually quite impressed with how quickly I got through and how professional most of the phone reps were.
This past week, I was shocked that I couldn't call aeroplan to even get on the phone queue. I have been calling 10 plus times per day.
I am hoping my issue will be resolved when I check in for my flight in a few days.
Dec 2, 2019, 1:00 pm
#7
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OP needs to get a large stack of crisp new $100 bills and drop them on the desk of a lawyer. Say 1000 x $100 ($100,000) to start with. That will get them working for the OP 
What's the problem? 
This?
This?
Dec 2, 2019, 1:13 pm
#8
Join Date: Apr 2016
Location: YYZ
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Posts: 3,094
I still don’t know what exactly is your issue, but if your complain is about call centre availability, then a lawyer specializing in business contracts may be able to help you, as call centre service may be treated as part of the contract. A lawyer specializing in consumer rights may work too. But to be clear, I am not providing any legal advice here.
However the first thing they would ask, is to let you document the call centre wait time.
The moment you really look into litigation, you will want to step out of it.
However the first thing they would ask, is to let you document the call centre wait time.
The moment you really look into litigation, you will want to step out of it.
Dec 2, 2019, 1:24 pm
#9
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Join Date: Apr 2007
Posts: 153
"OP needs to get a large stack of crisp new $100 bills and drop them on the desk of a lawyer. Say 1000 x $100 ($100,000) to start with. That will get them working for the OP"
"The moment you really look into litigation, you will want to step out of it."
I don't think you guys understand how class action lawsuits work.and what my point is.
My initial post asked whether a class action lawsuit can be filed. That's my question.
Do I want to spend $5k, $10k or $100k as Mwenenzi suggested to start a lawsuit against Aeroplan? Of course not.
If a class action lawsuit is possible, some lawyers may be willing to do it and these lawyers will work on contingency. Class action lawsuit just needs a lead plaintiff. There is no $ cost to lead plaintiff or anybody who wants to join the class action lawsuit.
My point is aeroplan should not be allowed to get away with this fiasco. Somebody should be fired over this. Aeroplan should be held accountable. If not via class action lawsuit, maybe govt regulator or media?
"The moment you really look into litigation, you will want to step out of it."
I don't think you guys understand how class action lawsuits work.and what my point is.
My initial post asked whether a class action lawsuit can be filed. That's my question.
Do I want to spend $5k, $10k or $100k as Mwenenzi suggested to start a lawsuit against Aeroplan? Of course not.
If a class action lawsuit is possible, some lawyers may be willing to do it and these lawyers will work on contingency. Class action lawsuit just needs a lead plaintiff. There is no $ cost to lead plaintiff or anybody who wants to join the class action lawsuit.
My point is aeroplan should not be allowed to get away with this fiasco. Somebody should be fired over this. Aeroplan should be held accountable. If not via class action lawsuit, maybe govt regulator or media?
Dec 2, 2019, 1:44 pm
#11
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Dec 2, 2019, 1:49 pm
#12
Join Date: Apr 2016
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There is a pretty prolific passenger right advocated named Lucas: https://airpassengerrights.ca/en/about/team
I have a friend who is an aviation lawyer and his rate is $500 per hour. If interested I can share his contact info.
They can answer your question.
Dec 2, 2019, 2:14 pm
#13
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I'm far from an expert, but I would think each class member would have had to incur damages. In this case the damages probably differ between each case of someone not being able to contact aeroplan in a timely manner. Talking to an experienced lawyer would probably be a good first step to see if this is at all viable.
Dec 2, 2019, 2:23 pm
#14
Join Date: Aug 2013
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Air Canada / Aeroplan has publicly stated that it's "business as usual" in one breath but then quickly states that everything other than actual flying is best effort for at least the next while. (I won't bother linking to the one statement about the former and the numerous statements / warnings about the latter).
This has already been covered in the media and it's not clear if Air Canada can really do anything other than muddle through until they reach the new normal. In the meantime we suffer as do their front line staff.
Yes, this is a problem of their own making. Yes, this is impacting a lot of people in different ways. And Yes, their call centres / social media folks are severely overwhelmed.
Is it good customer service? Of course not.
Is it good business? That's up to AC's management and shareholders to determine.
It's not like AC / Aeroplan isn't providing the primary part of their contracted offering (free / paid carriage, toasters, etc.), it's just that customer service for anything beyond that has significantly degraded.
Launching a class action suit is unlikely to solve the OP's current issue. Maybe there are lawyers who are licking their chops over this, but I really doubt it. And, even if it is accepted, this will take years to litigate and the remedy will likely be for change fees or other exceptional actual charges as opposed to anything punitive.
But unless it furthers AC's greater business needs, I really doubt a lawsuit will either incent or deter them in behaving significantly differently than they do today. Any other expectation is probably unrealistic, IMHO.
This has already been covered in the media and it's not clear if Air Canada can really do anything other than muddle through until they reach the new normal. In the meantime we suffer as do their front line staff.
Yes, this is a problem of their own making. Yes, this is impacting a lot of people in different ways. And Yes, their call centres / social media folks are severely overwhelmed.
Is it good customer service? Of course not.
Is it good business? That's up to AC's management and shareholders to determine.
It's not like AC / Aeroplan isn't providing the primary part of their contracted offering (free / paid carriage, toasters, etc.), it's just that customer service for anything beyond that has significantly degraded.
Launching a class action suit is unlikely to solve the OP's current issue. Maybe there are lawyers who are licking their chops over this, but I really doubt it. And, even if it is accepted, this will take years to litigate and the remedy will likely be for change fees or other exceptional actual charges as opposed to anything punitive.
But unless it furthers AC's greater business needs, I really doubt a lawsuit will either incent or deter them in behaving significantly differently than they do today. Any other expectation is probably unrealistic, IMHO.
Last edited by Bohemian1; Dec 2, 2019 at 2:34 pm Reason: Really?
Dec 2, 2019, 2:39 pm
#15
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Surely the volume of bookings got to be significantly lower than usual, and a number of customers must have taken their business elsewhere. So good business? I suspect there must have been quite a bit of wishful thinking at play...
