traveler18

I had though of going the credit card route. One problem is I paid the fare with one credit card and the change and fare difference with another (That I had handy during the call). I also think a reasonable judge in small claims will provide a quicker a decisive resolution.

There is an Update - I just received a cryptic email from Refunds. Poorly written, but saying it agrees that an adjustment is called for and they they will issue an additional refund for an amount that makes no sense, nor do I know what it is suppose to cover, or how it was calculated - but is short of the payments made for the cancelled segment. Once I see the credit, I can determine how much is still missing. I am willing to pay them 1/2 the fare for the outbound. They did get me to my destination, albeit 4 1/2 hours late, with a diversion and a bus. But no more.

Thanks you all for your comments. I will post again when this is resolved.

jordyn

Ugh, this is not true and I don't understand why people keep repeating it on FlyerTalk.

The ADA preempts state regulation of airlines. The Supreme Court ruled in American Airlines v Wolens that it does not preempt breach of contract claims because they relate to a commercial agreement voluntarily entered into by both parties and are not state regulations of airlines.

To the more general point, I find it astonishing that AA is arguing that the fare difference (i.e., the money they collected for the new, higher fare on the return flight) is not refundable when they failed to operate that flight. Even if they assert that the change fee is some sort of service fee that is used in the act of changing the ticket, the fare difference is obviously being paid as the basis for the new, more expensive return segment. If AA routinely does stuff like this, they're simply defrauding people in their refund calculations. I would definitely file a complaint with the DOT over the refund as well, as the DOT can look into AA's general refund practices as opposed to your specific case (which can be addressed in small claims court).

mvoight

AA should refund the fare, the fare difference, and the change fee.
After all, the flight was canceled and he derived no benefit from these charges.
The charges were made based on AA getting him to his destination.
AA didn't do that. So, rightfully, all of the charges should be refunded.
Only an idiotic customer service group would see it otherwise.

ExpertSkier

This is simple - just dispute both credit card charges with the appropriate explanation for each dispute. I also think that the small claims court will take far longer and have a higher burden of proof as well as bureaucracy involved than a credit card dispute. The credit card provider will put the burden of proof on the airline once you give them the facts of the case. Plus, there will be far less effort/leg work involved with the credit card approach.

Let us know what happens.

traveler18

UPDATE NOV 2015

After almost a dozen emails & 2 letters to the DOT, American agreed to refund the $200 flight change fee in the form of a voucher. What puzzles me even as they addressed this, they emphasized that the fee was collected properly. I do not know under what commercial principle they can collect a fee for a service they did not deliver. There was no consideration. I received nothing for this fee, as they cancelled the flight I paid a fee to change to and they offered no substitution or alternative. They refunded the fare, but wanted to keep the change fee. Issue solved - but bad aftertaste.


OP Here. Update

So they have issued 2 refunds. One for their own calculation for the value of the unused segment. They are clearly repricing this as a one way. My round trip was over $800 and the refund about $220. No matter that I had no say on this becoming a one way because they cancelled the return. My opinion, they should refund 1/2 the fare. (I paid southwest more than the $220 to return). So I would claim the difference - about $180. (not even claiming inconvenience for over 4 hour delay and diversion and being bused when I paid for a First Class ticket)

The second refund is also a random number. I paid approx $445 for fare difference and change fee. They refunded about $430 (took 3 letters, including a demand letter).

So the balance I am still claiming is around $200.

They sent a boilerplate idiotic email as to how much they value the business, another opportunity, sorry I disagree, etc. They keep lying that this was weather related, and refuse to explain how they calculate the incomplete refund. They also said this is final and they will not reconsider.

For now I plan to follow with a small claims suit just on principle. In California I can do all the filing online, quite simple and low cost including serving them. I will get to issue a subpoena for all documents and flight records to bring at trial and will get a date 30 to 45 days after filing. What they don't want to explain to me they can explain to the judge. I just need to file when I know I am in town. If I should win, will be great fun collecting; if I loose will write it off to experience. And yes, will file with DOT requesting a review of their policies. At minimum it will compel AA to reply to DOT.