Frequent Flyer Who Doubted Delta's Math Loses Challenge
#1
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Join Date: Nov 2010
Posts: 1,677
Frequent Flyer Who Doubted Delta's Math Loses Challenge
Just how far would you go for a few more Skypesos?
http://www.courthousenews.com/2014/01/16/64608.htm
http://www.courthousenews.com/2014/01/16/64608.htm
#2
Join Date: Oct 2009
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This was actually reported a few day ago. No real news here, the same result happened with UA. Nevertheless, a good reminder for those who are quick to say that pax should sue airlines when they don't get intended results.
The only lawsuit that has real potential merit is a class action that challenges who actually owns these airline miles. The airlines claim they do but fact is, some are purchased by pax. If the court rules the airlines own them, we are DOA. OTOH, if we own them, it is the airlines who have serious problems.
Of course, it will take 10 yrs to get a final decision in something like this but it would be nice to have this resolved.
The only lawsuit that has real potential merit is a class action that challenges who actually owns these airline miles. The airlines claim they do but fact is, some are purchased by pax. If the court rules the airlines own them, we are DOA. OTOH, if we own them, it is the airlines who have serious problems.
Of course, it will take 10 yrs to get a final decision in something like this but it would be nice to have this resolved.
#4
Join Date: May 2013
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Indeed... I wonder if the outcome would have been different if the plaintiff had focused on that issue, rather than weakening their position by mixing in the absurd claim that they should get miles according to the flight path.
#5
Join Date: Aug 2007
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#6
Join Date: Aug 2006
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Considering it's a privately run program, they can give credits however they see fit.
That's why I avoid direct flights at all times.
That's why I avoid direct flights at all times.
#7
Join Date: Feb 2010
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I believe TK already does it this way -- flying XXX-YYY-ZZZ earns you miles as if you flew XXX-ZZZ.
#8
Join Date: May 2005
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So for those more knowledgeable about legal stuff than I am, does the fact that Delta awards miles for mileage runs, even though they say it's not permitted, weaken their position that the T&C's apply or does it not make any difference?
I realize in this case, there has already been a ruling but just wondering if the plaintiff could have possibly used mileage runs to show that DL doesn't always uphold it's own T&C's.
I realize in this case, there has already been a ruling but just wondering if the plaintiff could have possibly used mileage runs to show that DL doesn't always uphold it's own T&C's.
#10
In memoriam, FlyerTalk Evangelist
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I reported in another thread that, I booked a goofy 4-flight one-way int'l trip - and ditto on the return - and was somehow auto rebooked to a 2-flight itinerary each way. I just called up and was put back on the 4-flight itinerary - on the exact same flights I booked originally - no questions asked.
Yes, I know - I'm a gamer!

#11
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The judge also cited this rarely-enforced technicality:
In theory, any combination of connecting flights could be reward with the same mileage as a "direct" flight, if a "direct" flight is available.
There are cheaper ways to earn miles than paying attorneys to pursue federal lawsuits. One of the flights she was complaining about took place last March, which means that this suit was resolved in <10 months, an amazingly short time for a federal suit. I'd bet if anyone pulled up the file on PACER, it would turn out to be a summary dismissal.
Meet the unsuccessful plaintiff: Wynette Kwok
She used to work for Walt Disney. FairyLand, here we come!
"On connecting flights that require a change of plane and flight number, mileage credited will be calculated based upon the distance from origin to destination for each segment of the trip. However, use of connecting itineraries in lieu of nonstop and/or direct flights for the accumulation of additional mileage is not permitted."
There are cheaper ways to earn miles than paying attorneys to pursue federal lawsuits. One of the flights she was complaining about took place last March, which means that this suit was resolved in <10 months, an amazingly short time for a federal suit. I'd bet if anyone pulled up the file on PACER, it would turn out to be a summary dismissal.
Meet the unsuccessful plaintiff: Wynette Kwok
She used to work for Walt Disney. FairyLand, here we come!

#12
Join Date: May 2005
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That was my point. DL doesn't know why you are flying so I was curious how having that seemingly non-enforceable part of the T&C's tied directly into the part about earning miles might affect things from a legal perspective.
#13
Join Date: Sep 2013
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Posts: 2,416
The judge also cited this rarely-enforced technicality:
In theory, any combination of connecting flights could be reward with the same mileage as a "direct" flight, if a "direct" flight is available.
There are cheaper ways to earn miles than paying attorneys to pursue federal lawsuits. One of the flights she was complaining about took place last March, which means that this suit was resolved in <10 months, an amazingly short time for a federal suit. I'd bet if anyone pulled up the file on PACER, it would turn out to be a summary dismissal.
Meet the unsuccessful plaintiff: Wynette Kwok
She used to work for Walt Disney. FairyLand, here we come!
In theory, any combination of connecting flights could be reward with the same mileage as a "direct" flight, if a "direct" flight is available.
There are cheaper ways to earn miles than paying attorneys to pursue federal lawsuits. One of the flights she was complaining about took place last March, which means that this suit was resolved in <10 months, an amazingly short time for a federal suit. I'd bet if anyone pulled up the file on PACER, it would turn out to be a summary dismissal.
Meet the unsuccessful plaintiff: Wynette Kwok
She used to work for Walt Disney. FairyLand, here we come!

#14
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#15
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