Appealing AAdvantage Account Closure
#301
Join Date: Dec 2009
Location: Nashville, TN
Programs: Marriott Lifetime Titanium.;UA 1.5MM; UA Lifetime Gold (whoppee); DL Plat
Posts: 2,124
#302
Join Date: May 2009
Location: EUG
Programs: AS MVP, AA MM, HH Diamond, MR Gold
Posts: 8,220
http://www.aa.com/i18n/utility/milli...e=millionmiler
I still think part of his plan was obtaining LT Gold status. You could still get the credited miles during 2012 with cc spend (the exact timeframe of his buying/refunding/closing accounts).
I still think part of his plan was obtaining LT Gold status. You could still get the credited miles during 2012 with cc spend (the exact timeframe of his buying/refunding/closing accounts).
#304
Join Date: Jan 2008
Posts: 468
FT is making me a much more cynical (or less gullible) person every day. I really do want to believe everyone's tale of woe, whether its an account getting shut down, or a horrid treatment leading to a double downgrade. Though, more often than not, there is much, much more than the initial report.
#305
Suspended
Join Date: Jul 2003
Posts: 4,861
What about the reports of amazing treatment by AA? Believable or not?
#306
FlyerTalk Evangelist
Join Date: Aug 2012
Location: KHOU/KIAH
Programs: AA EXP | Marriott Bonvoy Titanium| Hyatt Globalist
Posts: 11,244
#307
Join Date: Sep 2008
Location: AUS after 40+ SFO/OAK
Programs: UA MM (recovering former 1K), Marriott Titanium Lifetime
Posts: 550
AA does not want OP as a future customer -- would any of you in your line of business activity, based on what has been shared? Therefore, they don't have a strong motivation to reconcile.
AA has lots of legal resources -- given that the AA rep cited T&C relating to fraud, it would appear they feel that they have a solid case. Certainly it took a while for them to take action, but I'd think we can appreciate that this is not some off-the-cuff judgment.
AA could be wrong, OP could be wrong, heck, we all could be wrong...even on FT. Then, of course, there's the gray area of misunderstanding, but the transactions are certainly indisputable facts.
At the end of the day, if OP would have had any recourse, not responding to AA in a manner suggesting he wanted to reach an accomodation did him no service, language notwithstanding (and I wholly agree with those suggesting that presentation can be a critical factor in this sort of thing).
The soap opera, however, has been quite entertaining, at least the first 15 pages or so.
AA has lots of legal resources -- given that the AA rep cited T&C relating to fraud, it would appear they feel that they have a solid case. Certainly it took a while for them to take action, but I'd think we can appreciate that this is not some off-the-cuff judgment.
AA could be wrong, OP could be wrong, heck, we all could be wrong...even on FT. Then, of course, there's the gray area of misunderstanding, but the transactions are certainly indisputable facts.
At the end of the day, if OP would have had any recourse, not responding to AA in a manner suggesting he wanted to reach an accomodation did him no service, language notwithstanding (and I wholly agree with those suggesting that presentation can be a critical factor in this sort of thing).
The soap opera, however, has been quite entertaining, at least the first 15 pages or so.
#308
Join Date: Jan 2014
Location: SFO
Programs: OZ Diamond/*G, IHG Diamond Amb, Hilton Gold
Posts: 2,239
I'm really curious why, if the spending was just trying to hit minimum spend (there are a lot of cards that give roughly half the bonus for first purchase and the rest at some astronomically high number -- although not so high for a family with kids in college) why they did not make the purchases with UA, or heck, SQ? If they did not expect the miles to be retained, then the 2x miles from AA purchases would've made no difference to OP, and there would be no question of inventory spoilage even being an issue in this case, and then AA would have less of a case. I'm wondering as to whether OP didn't think of this or they had some other motivation for holding AA tickets. Because for a oneworld elite it would provide absolutely no benefit to hold premium space on a Star Alliance carrier if you weren't planning to fly it.
#309
FlyerTalk Evangelist
Join Date: Aug 2001
Location: Finally back in Boston after escaping from New York
Posts: 13,644
AA does not want OP as a future customer -- would any of you in your line of business activity, based on what has been shared? Therefore, they don't have a strong motivation to reconcile.
AA has lots of legal resources -- given that the AA rep cited T&C relating to fraud, it would appear they feel that they have a solid case. Certainly it took a while for them to take action, but I'd think we can appreciate that this is not some off-the-cuff judgment.
AA could be wrong, OP could be wrong, heck, we all could be wrong...even on FT. Then, of course, there's the gray area of misunderstanding, but the transactions are certainly indisputable facts.
At the end of the day, if OP would have had any recourse, not responding to AA in a manner suggesting he wanted to reach an accomodation did him no service, language notwithstanding (and I wholly agree with those suggesting that presentation can be a critical factor in this sort of thing).
The soap opera, however, has been quite entertaining, at least the first 15 pages or so.
AA has lots of legal resources -- given that the AA rep cited T&C relating to fraud, it would appear they feel that they have a solid case. Certainly it took a while for them to take action, but I'd think we can appreciate that this is not some off-the-cuff judgment.
AA could be wrong, OP could be wrong, heck, we all could be wrong...even on FT. Then, of course, there's the gray area of misunderstanding, but the transactions are certainly indisputable facts.
At the end of the day, if OP would have had any recourse, not responding to AA in a manner suggesting he wanted to reach an accomodation did him no service, language notwithstanding (and I wholly agree with those suggesting that presentation can be a critical factor in this sort of thing).
The soap opera, however, has been quite entertaining, at least the first 15 pages or so.
Added bonus: If you change your settings from 20 posts per page to 40 posts per page, it only takes you half the time to read the entire thread!
Mike
#310
Suspended
Join Date: Mar 2001
Location: FIND ME ON TWITTER FOR THE LATEST
Posts: 27,730
FT is making me a much more cynical (or less gullible) person every day. I really do want to believe everyone's tale of woe, whether its an account getting shut down, or a horrid treatment leading to a double downgrade. Though, more often than not, there is much, much more than the initial report.
Since in a good % of these cases I end up corresponding with the busted member in question (this case being no exception) -after- they've sort of "come clean" publicly, I'd say in almost 100% of the cases the person turns out to be a lot more sympathetic and, in some instances, pathetic, than their on-line bluster and defensiveness.
But, regardless, I wouldn't draw too many parallels between people in this situation and the normal bellyaching about not getting what one wants that goes on here sometimes.
#311
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,159
Again, I think in order to secure a judgement against the OP AA would have to prove harm specifically resulting from the OP's actions. That's the part I think would be difficult and open to interpretation. For instance, if two seats went out empty, does that mean that the OP is off the hook, seeing as it's clear the flight would be under capacity no matter what? Or conversely, if the flight goes out full, all paid seats, does this mean that AA recovered everything and there were no damages? All questions the onus of which would be on AA to answer.
However, there is no way they'd ever do so: they'd need to reveal a lot of extremely Trade Secret data and calculations in order to demonstrate it.
I never did that, though; I spent all the coins I got (I basically used no other forms of cash for several years).
#312
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
If AA alleges and proves that OP bought a ticket costing $20K and then cancelled and sought a refund, never having intended to fly the ticket and AA can also prove that a seat on that flight and in that class went out unsold (or was sold for less than $20K), AA will have made its underlying fraud case and damages would be $20K (or the difference between $20K and what the seat sold for).
OP could certainly seek to mitigate damages through his case, whatever that might be. But, I do not see AA being forced to reveal any significant trade secrets and I would be shocked if a company of AA's level of sophistication has not designed systems which can generate what it needs without having to rely on data which AA knows it would have to disclose in litigation.
This one is not one of the penny ante scams which pervade FT in which someone has figured out how to get an extra bag of pretzels somewhere by wearing a fake disguise. Once the losses get to the levels here, it's a different world.
OP could certainly seek to mitigate damages through his case, whatever that might be. But, I do not see AA being forced to reveal any significant trade secrets and I would be shocked if a company of AA's level of sophistication has not designed systems which can generate what it needs without having to rely on data which AA knows it would have to disclose in litigation.
This one is not one of the penny ante scams which pervade FT in which someone has figured out how to get an extra bag of pretzels somewhere by wearing a fake disguise. Once the losses get to the levels here, it's a different world.
Last edited by Often1; Mar 12, 2014 at 8:43 am
#313
Join Date: Sep 2011
Programs: AA SPG Amex
Posts: 4,644
If AA alleges and proves that OP bought a ticket costing $20K and then cancelled and sought a refund, never having intended to fly the ticket and AA can also prove that a seat on that flight and in that class went out unsold (or was sold for less than $20K), AA will have made its underlying fraud case and damages would be $20K (or the difference between $20K and what the seat sold for).
Or, maybe one seat did go out unsold. But in between the time the OP cancelled and the time the flight departed there were numerous other purchases and cancellations. Nobody was prevented from booking anything, indeed AA did manage to sell the OP's seat, but that doesn't stop someone canceling for another (legitimate) reason.
Or perhaps some time after the OP cancels AA introduces a fare sale, with business class tickets for $3k, a lot of people book and the cabin goes out full but with lots of discount fares. How do we know that the cabin wouldn't have gone out largely empty but for the sale?
On the contrary, let's say the flight goes out with four empty seats. In theory, OP not liable for anything. Now let's say AA could prove that the day before the OP cancelled, a family of four attempted to buy seats on the flight, found that only three were available, so bought $20k tickets on UA instead. Is OP now liable for $80k in lost revenue?
I think you see where I'm going with this; it's not nearly as simple as you make it out to be so demonstrating actual damages resulting from the OP's actions is difficult because of all the moving parts and all the levers pulled to move them.
You can send a demand letter and make up any amount you want to bill (like the case of the $75k bill discussed earlier) and if anyone is dumb enough to just pay up that's their problem. But once the courts get involved (which again, they'd have to if AA wants to compel OP to pay) then the burden of proof raises significantly.
#314
Join Date: May 2009
Location: EUG
Programs: AS MVP, AA MM, HH Diamond, MR Gold
Posts: 8,220
If you're a no-show at a hotel, even if the hotel was empty that night, you still get charged the night's stay.