Is this DL lawsuit possible
Feb 28, 2014, 9:53 pm
#31
Join Date: Feb 2014
Posts: 514
In the T&C's that you agreed to, Delta reserves the right to change the program which is exactly what they did.
So to answer your question no. You can either fly Delta or status match somewhere else if you think the grass is greener on the other side.
So to answer your question no. You can either fly Delta or status match somewhere else if you think the grass is greener on the other side.
Feb 28, 2014, 10:15 pm
#32
Join Date: Dec 2006
Location: ORD
Programs: AA EXP,2MM, DL Gold,Starwood PLT
Posts: 3,876
No you can't sue and win. It's all pretty well covered in the terms in conditions the OP never bothered to read. Might want to ring up Phaedra though in ATL i hear she's gonna need the business..who knows.
Feb 28, 2014, 10:44 pm
#34
Join Date: Jul 2004
Location: Chicago USA
Programs: *A Junkie, SQ PPS, Skywards Gold, 2 Million Mile Flyer;*wood LT Plat, BA MM
Posts: 1,762
PS $47 mil a year = $900K per workday (52 days a year). I don't think she worries about flying commercially...
Last edited by UrbaneGent; Feb 28, 2014 at 11:01 pm
Feb 28, 2014, 11:08 pm
#35
Join Date: Dec 2006
Location: ORD
Programs: AA EXP,2MM, DL Gold,Starwood PLT
Posts: 3,876
I always thought you Delta folk were more cultured and cosmopolitan than us UAers. Judge Judy doesn't film in New York. Anyone care to take a wild guess where Judge Judy is filmed?
PS $47 mil a year = $900K per workday (52 days a year). I don't think she worries about flying commercially...
PS $47 mil a year = $900K per workday (52 days a year). I don't think she worries about flying commercially...
Mar 1, 2014, 5:19 am
#36
Join Date: Feb 2007
Location: SEA
Programs: Delta TDK(or care)WIA, Hilton Diamond
Posts: 1,869
What about intentional infliction of emotional distress? If not damages, can we at least get an injunction to stop them from playing the part of the videos where Richard Anderson talks about honesty, integrity, and mutual respect?
Mar 1, 2014, 5:41 am
#37
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But the SCotUS also recently decided that a passenger can sue DL (the famous rabbi case). The cases don't address the same question, but DL claims the right to kick anyone out of SM and confiscate their miles at any time and the rabbi at least won the right to sue about it. You CAN make a common law contract claim against the airline, and in such cases the result MIGHT differ from what one would expect from reading the ToS. So DL's ToS don't have the status of stone tablets brought down from Mt. Sinai. That is my only point.
Mar 1, 2014, 5:45 am
#38
Join Date: Sep 2003
Location: Long Beach, CA
Programs: DL DM
Posts: 5,292
But the SCotUS also recently decided that a passenger can sue DL (the famous rabbi case). The cases don't address the same question, but DL claims the right to kick anyone out of SM and confiscate their miles at any time and the rabbi at least won the right to sue about it. You CAN make a common law contract claim against the airline, and in such cases the result MIGHT differ from what one would expect from reading the ToS. So DL's ToS don't have the status of stone tablets brought down from Mt. Sinai. That is my only point.
Last edited by bubbashow; Mar 1, 2014 at 5:53 am
Mar 1, 2014, 5:47 am
#39
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Lest we forget, with the 1995 changes that brought in SkyMiles, DL separated old miles from new miles and, for a time, allowed old miles to be redeemed on the old chart, as they knew they were somewhat vulnerable to claims that people who'd accumulated miles under one system were being essentially baited and then switched.
The fairness part hasn't changed, but rather the expectations have. More-conservative courts and a more laissez-faire mentality are easy to see, even though for consumers it's generally been just a long, slow march downward on that path. We also tend to hold individuals to much higher standards now than we do businesses (If I tried to do what AIG did on an individual basis I'd be arrested for fraud).
Having been part of the "class" on a number of class-actions I know well first-hand about lawyers dividing big pots and people not getting much on settlements. But the DETERRENT effect is still very important, as settling is expensive to the company as well. And the behavior that leads to the class action is typically easily avoided and most often a company going out of its way to do something anti-consumer and get small amounts of extra money from large numbers of people. Companies tend to behave much better when that's a possibility.
The fairness part hasn't changed, but rather the expectations have. More-conservative courts and a more laissez-faire mentality are easy to see, even though for consumers it's generally been just a long, slow march downward on that path. We also tend to hold individuals to much higher standards now than we do businesses (If I tried to do what AIG did on an individual basis I'd be arrested for fraud).
Having been part of the "class" on a number of class-actions I know well first-hand about lawyers dividing big pots and people not getting much on settlements. But the DETERRENT effect is still very important, as settling is expensive to the company as well. And the behavior that leads to the class action is typically easily avoided and most often a company going out of its way to do something anti-consumer and get small amounts of extra money from large numbers of people. Companies tend to behave much better when that's a possibility.
Mar 1, 2014, 5:49 am
#40
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Mar 1, 2014, 5:57 am
#41
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I always thought you Delta folk were more cultured and cosmopolitan than us UAers. Judge Judy doesn't film in New York. Anyone care to take a wild guess where Judge Judy is filmed?
PS $47 mil a year = $900K per workday (52 days a year). I don't think she worries about flying commercially...
PS $47 mil a year = $900K per workday (52 days a year). I don't think she worries about flying commercially...
Mar 1, 2014, 5:59 am
#42
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Meaning what? I have never suggested that anybody sue or opined that a suit is likely to succeed. I would advise against it. I have only said that DL is not completely immune from suit regarding SM. And that's the truth.
Mar 1, 2014, 7:29 am
#43
Join Date: Oct 2009
Location: MCO
Programs: DL DM/MM, Marriott Plat Premier, HH Diamond, Hyatt Plat, Hertz PC
Posts: 4,081
Personally would like to see DL meet us part way on these enhancements we ask for from our feedback and include a sample size of Vaseline in our DM packages but of course, a sample size wouldnt be enough for a whole year anyway.
Mar 1, 2014, 8:51 am
#45
Join Date: Jun 2010
Location: LAS
Posts: 1,279
I wish, but there is no chance with this one either. These statements are so silly that any person claiming to have believed them would not be credible.