Sep 9, 14, 5:54 am
Last edit by: mbwmbw
All files are available for download at: http://mbw.name/Files/FlyerTalk/Delta_Class_Action/
Furthermore, each document has been linked to the download location.
For a full download of the complaint and attachments click here.
Date Filed # Docket Text
08/07/2014 1 COMPLAINT with Jury Demand; against Delta Airlines, Inc. by Darla Opper. ( Filing Fee PAID $400 receipt number 0757-1939172) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons)(Shah, James)
08/07/2014 NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our web site ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
08/07/2014 2 DISCLOSURE Statement by Darla Opper. (Shah, James)
08/08/2014 Summons Issued as to Delta Airlines, Inc. (mec)
08/20/2014 3 Refusal to Jurisdiction by US Magistrate Judge by Darla Opper. (Shah, James)
08/25/2014 4 SUMMONS Returned Executed by Darla Opper. Delta Airlines Inc served on 8/14/2014, answer due 9/4/2014. (Shah, James)
08/29/2014 5 Unopposed MOTION for Extension of Time by Delta Airlines Inc. (Smith, Renee)
08/29/2014 6 DISCLOSURE Statement by Delta Airlines Inc. (Smith, Renee)
09/02/2014 TEXT ONLY ORDER GRANTING 5 Unopposed MOTION for Extension of Time filed by Delta Airlines Inc., signed by Chief Judge William C Griesbach on 09/02/2014. The deadline for filing its responsive pleading is extended 14 days, until September 18, 2014. (cc: all counsel)(Griesbach, William)
09/18/2014 7 MOTION to Dismiss by Delta Airlines Inc. (Balassa, Gabor)
09/18/2014 8 BRIEF in Support filed by Delta Airlines Inc re 7 MOTION to Dismiss . (Attachments: # 1 Exhibit A - Best Fare Guarantee, # 2 Exhibit B - Best Fare Guarantee Claim Form, # 3 Exhibit C - Tabatabai v. West Coast Life Ins. Co, # 4 Exhibit D - Marine Travelift, Inc. v. Marine Lift Sys., Inc, # 5 Exhibit E - Tilstra v. Bou-Matic, LLC, # 6 Exhibit F - PNC Bank, N.A. v. Van Hoornaar, # 7 Exhibit G - NIIJII Entmt, LLC v. Troha) (Balassa, Gabor)
10/03/2014 9 Unopposed MOTION for Extension of Time by Darla Opper. (Shah, James)
Furthermore, each document has been linked to the download location.
For a full download of the complaint and attachments click here.
Date Filed # Docket Text
08/07/2014 1 COMPLAINT with Jury Demand; against Delta Airlines, Inc. by Darla Opper. ( Filing Fee PAID $400 receipt number 0757-1939172) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons)(Shah, James)
08/07/2014 NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our web site ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
08/07/2014 2 DISCLOSURE Statement by Darla Opper. (Shah, James)
08/08/2014 Summons Issued as to Delta Airlines, Inc. (mec)
08/20/2014 3 Refusal to Jurisdiction by US Magistrate Judge by Darla Opper. (Shah, James)
08/25/2014 4 SUMMONS Returned Executed by Darla Opper. Delta Airlines Inc served on 8/14/2014, answer due 9/4/2014. (Shah, James)
08/29/2014 5 Unopposed MOTION for Extension of Time by Delta Airlines Inc. (Smith, Renee)
08/29/2014 6 DISCLOSURE Statement by Delta Airlines Inc. (Smith, Renee)
09/02/2014 TEXT ONLY ORDER GRANTING 5 Unopposed MOTION for Extension of Time filed by Delta Airlines Inc., signed by Chief Judge William C Griesbach on 09/02/2014. The deadline for filing its responsive pleading is extended 14 days, until September 18, 2014. (cc: all counsel)(Griesbach, William)
09/18/2014 7 MOTION to Dismiss by Delta Airlines Inc. (Balassa, Gabor)
09/18/2014 8 BRIEF in Support filed by Delta Airlines Inc re 7 MOTION to Dismiss . (Attachments: # 1 Exhibit A - Best Fare Guarantee, # 2 Exhibit B - Best Fare Guarantee Claim Form, # 3 Exhibit C - Tabatabai v. West Coast Life Ins. Co, # 4 Exhibit D - Marine Travelift, Inc. v. Marine Lift Sys., Inc, # 5 Exhibit E - Tilstra v. Bou-Matic, LLC, # 6 Exhibit F - PNC Bank, N.A. v. Van Hoornaar, # 7 Exhibit G - NIIJII Entmt, LLC v. Troha) (Balassa, Gabor)
10/03/2014 9 Unopposed MOTION for Extension of Time by Darla Opper. (Shah, James)
Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available
Sep 1, 14, 8:14 am
#16
FlyerTalk Evangelist
Join Date: Jul 2003
Posts: 20,951
Forgive me for not having read the full complaint, but it sounds like (from the article quoted above) they ARE saying you can get the cheaper T fare elsewhere (maybe not everywhere), but it's not valid for the best fare guarantee because the terms of that guarantee require the ticket DL offers to be in the same booking class as what you find elsewhere.
But if you *can't* actually purchase the fare, then its a different argument, and I agree that it's a much more difficult case.
But if you *can't* actually purchase the fare, then its a different argument, and I agree that it's a much more difficult case.
This gave me a good chuckle -- "... was performed by Delta’s sophisticated software"
Last edited by xliioper; Sep 1, 14 at 8:22 am
Sep 1, 14, 8:56 am
#17
Join Date: Jun 2004
Location: ATL
Programs: Delta PlM, 1M
Posts: 6,298
Forgive me for not having read the full complaint, but it sounds like (from the article quoted above) they ARE saying you can get the cheaper T fare elsewhere (maybe not everywhere), but it's not valid for the best fare guarantee because the terms of that guarantee require the ticket DL offers to be in the same booking class as what you find elsewhere.
But if you *can't* actually purchase the fare, then its a different argument, and I agree that it's a much more difficult case.
But if you *can't* actually purchase the fare, then its a different argument, and I agree that it's a much more difficult case.
As we all know, there are times when A-B break B->C are chearper than A->C, even when a-C happens to route through B.
dl.com will not always find the best farebreak, and thus never finds the cheaper combination.
Certainly dl.com is abiding by the BFG as the city by city route is a different ticket. But there certainly is a sleezy side to offer a BFG while knowing that in practice the site is not trying to find the cheapest ITN.
I agree that the case does not look like not has legs. Would probably be better served by putting pressure on the DOT to force a BFG to be more in line with what a normal consumer would assume.
Sep 1, 14, 10:11 am
#18
Join Date: Mar 2007
Location: Wisconsin
Posts: 2,428
I live in the Appleton area, the area Ms Opper is from. I too search multi city from here. My last few trips have been cheaper flying out of Appleton and back into Green Bay. Especially delta
Sep 1, 14, 10:30 am
#19
FlyerTalk Evangelist
Join Date: Jun 2004
Location: MSP
Programs: DL PM, MM, NR; HH Diamond, Bonvoy LT Gold, Hyatt Explorist, IHG Diamond, others
Posts: 12,044
Too bad it's complete poppycock. The suit takes a limited knowledge of fare buckets and married segment logic and tries to spin it into some grand conspiracy. They find T bucket availability and on MSY-SLC and SLC-SEA flights and then seem to believe that DL is tricking them by not allowing them to book a one-way T fare on MSY-SEA via SLC. It could be married segment logic or it could be that they did not meet the fare requirements for the T fare (advance purchase, roundtrip ticket, etc.). In either case, married segment logic is not illegal and has nothing to do with the Best Fare Guarantee. It's not like third parties can simply ignore the married segment logic and sell you a cheaper T fare for the MSY-SEA route than the fare Delta was offering. Sorry folks, there's no smoking gun here.
Sep 1, 14, 11:20 am
#20
Join Date: Nov 2012
Location: Minutes from ATL
Programs: DL
Posts: 377
I filed a BFG by the book once. They refused to give me the $100 bonus so I canceled the ticket. Same flight, fare class, everything. Complete garbage policy.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
Sep 1, 14, 12:26 pm
#21
Join Date: Jun 2004
Location: ATL
Programs: Delta PlM, 1M
Posts: 6,298
I filed a BFG by the book once. They refused to give me the $100 bonus so I canceled the ticket. Same flight, fare class, everything. Complete garbage policy.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
The only way DL ever needs to pay out on the BFG is when they happen to lower fares such that your exact fare basis dropped after purchase.
But there are many many fare basis out there for any ITN, and DL will not be helping you find the cheapest. They will spit out whatever they like.
So the BFG does protect you in the exact situation you had happen. But quite clearly the website is not making and effort to find the best fare, and might even be intentionally avoiding such.
Sep 1, 14, 12:53 pm
#22
FlyerTalk Evangelist
Join Date: Jul 2003
Posts: 20,951
I filed a BFG by the book once. They refused to give me the $100 bonus so I canceled the ticket. Same flight, fare class, everything. Complete garbage policy.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
Thank you for contacting Delta Air Lines regarding your Best Fare
Guarantee claim.
Thank you for letting us know about this lower fare. Delta introduced a
new, lower fare after you purchased your ticket today. We will be happy
to refund the difference of $20.00 to your credit card. Additionally,
it may take up to two billing cycles to show up the refund amount on
your credit card statement.
"2. The lower fare is not offered at delta.com."
Did you not read or did you just expect them to waive it for you?
Sep 1, 14, 1:59 pm
#23
FlyerTalk Evangelist
Join Date: Dec 2004
Location: MSP
Programs: Fallen Plats, ex-WN CP, DYKWIW; still a Hilton Diamond & Club Cholula™ Super Plats
Posts: 25,386
Best Fare Guaranty Question
Unfortunately the "World's Most Trusted Airline" hasn't improved the ethics of the scam.
Sep 1, 14, 2:52 pm
#24
Join Date: Nov 2012
Location: Minutes from ATL
Programs: DL
Posts: 377
The price changed, but was out of sync. How does any consumer prove this? Any BFG claim can be avoided by that rule.
Sep 1, 14, 3:34 pm
#25
FlyerTalk Evangelist
Join Date: Dec 2007
Location: BOS/ORH
Programs: AS 75K
Posts: 18,298
So explain to me the situation where the credit can be applied? When I booked I saw the price difference existed prior to booking, and went ahead to try for the guarantee. Delta changed the price, was not selling me the same fare class for the right price compared to a 3rd party website at the time of booking.
The price changed, but was out of sync. How does any consumer prove this? Any BFG claim can be avoided by that rule.
The price changed, but was out of sync. How does any consumer prove this? Any BFG claim can be avoided by that rule.
Sep 1, 14, 4:11 pm
#26
Join Date: Oct 2007
Location: BOS
Programs: UA MM
Posts: 1,538
BFG is a sham
Rule Two renders the BFG a total sham. And it is not what consumers expect when they see BFG in big letters - they think "if I book on delta.com I will get at least a good a price as I can get anywhere else". At least that is what this consumer thinks.
As for the married segments issue (and I don't know really if that's at the root of the suit as I've not read the filing) thankfully we know how to get around that on at least some carriers. I don't know if delta.com prevents it as I am usually booking single direct flights on DL; my multi-segments are on other carriers.
As for the married segments issue (and I don't know really if that's at the root of the suit as I've not read the filing) thankfully we know how to get around that on at least some carriers. I don't know if delta.com prevents it as I am usually booking single direct flights on DL; my multi-segments are on other carriers.
Sep 1, 14, 4:16 pm
#27
Join Date: Mar 2012
Location: ORD
Programs: DL DM, AS MVP Gold 100K, HHonors Diamond, Hyatt Globalist
Posts: 296
I haven't had luck getting around married segment logic on dl.com. Searching out all segments and searching by price will show the lower price, but after clicking through and purchasing, it returns the infamous fare change message, applying the married segment logic. I would love to find a way around this but haven't had success with another OTA like Orbitz.
Sep 1, 14, 5:29 pm
#29
FlyerTalk Evangelist
Join Date: Nov 2005
Location: Phoenix, AZ
Programs: AA Gold AAdvantage Elite, Rapids Reward
Posts: 38,009
Great idea!!! She will go to DOT. I complaint about ticket price, and I tried to find a real cheap ticket. Unacceptable!!! Delta is a fraud. They better be right to search a real cheap ticket. Good riddance to Delta!!!
Sep 1, 14, 5:53 pm
#30
Join Date: Mar 2014
Location: PWM
Programs: AA Plat
Posts: 1,233
I haven't had luck getting around married segment logic on dl.com. Searching out all segments and searching by price will show the lower price, but after clicking through and purchasing, it returns the infamous fare change message, applying the married segment logic. I would love to find a way around this but haven't had success with another OTA like Orbitz.
