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Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available

Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available

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Old Oct 5, 14, 3:53 am   -   Wikipost
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Last edit by: mbwmbw
Wiki Link
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)

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Old Sep 1, 14, 1:06 am
  #1  
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Class Action Federal Lawsuit Aginst Delta RE: Best Fares Available

Interesting read -- at least they understand married segments.

And likely why EF now cannot display any information read the post..

Article:
http://www.jsonline.com/watchdog/pi/...270819081.html (article also quoted below)
Alternative article link - try if the above doesn't work.

For the full lawsuit see: http://media.jrn.com/documents/deltaclassaction.pdf

Last edited by RSSrsvp; Sep 2, 14 at 10:31 am Reason: Copyright violation, use the link to read the article
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Old Sep 1, 14, 1:13 am
  #2  
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I wonder whether this is why DL has pulled all info from EF.
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Old Sep 1, 14, 1:15 am
  #3  
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Originally Posted by MSPeconomist View Post
I wonder whether this is why DL has pulled all info from EF.
Funny. I just posted that a couple seconds ago. If you read the lawsuit this guy does a really good job explaining what's going on.

Great minds think alike.
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Old Sep 1, 14, 1:15 am
  #4  
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Originally Posted by mbwmbw View Post
Interesting read -- at least they understand married segments.

Article:
http://www.jsonline.com/watchdog/pi/...270819081.html

For the full lawsuit see: http://media.jrn.com/documents/deltaclassaction.pdf

Article Text:
The link to the article doesn't work for me.
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Old Sep 1, 14, 1:18 am
  #5  
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Originally Posted by MSPeconomist View Post
The link to the article doesn't work for me.
Try: https://www.google.com/url?sa=t&rct=...74115972,d.dGc
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Old Sep 1, 14, 3:51 am
  #6  
 
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United does the same thing. I've managed to knock hundreds of dollars off tickets by doing multi-city searches, on ua.com and 3rd party sites.
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Old Sep 1, 14, 4:23 am
  #7  
 
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Originally Posted by mbwmbw View Post
Funny. I just posted that a couple seconds ago. If you read the lawsuit this guy does a really good job explaining what's going on.

Great minds think alike.
As was noted in the EF thread, finding T on a segment does not a ticket make.
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Old Sep 1, 14, 4:40 am
  #8  
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These practices certainly don't inspire confidence in DL and others.
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Old Sep 1, 14, 4:59 am
  #9  
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I seem to remember a thread some months or years back about a glitch that allowed people to see data including Mosaic categories, estimated income, estimated home values and other information. Price differentiation at the individual passenger level would explain why such data exists in the system.
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Old Sep 1, 14, 5:09 am
  #10  
 
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Oh this will be interesting.

I have often encountered times when EF and Delta.com weren't showing the same things. I always assumed this was due to a delay, or "caching" taking place between DL's (presumably) live data, and what EF showed. If from a technical perspective EF's data and DL's was _supposed_ to be "in-sync" (less than 60 seconds for changes to propagate lets say) then absolutely no question DL was manipulating displayed inventory on its website for its advantage.

As another point of note, when booking TATL flights in times of dynamic pricing -- when the flight was somewhere inbetween full T9 and only Y1 remaining, think something like T0 U0 L2 K5 H9.... -- I am often able to get one fare class lower by calling phone agents. For example, website showed only K-fares available, calling in the agent prices me (without hassle or delay) into an L-fare.

I have no doubt DL is interested in dynamic pricing software, but I thought they didn't use it because I thought that was illegal for airfares.
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Old Sep 1, 14, 7:05 am
  #11  
 
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But, this can't be true...

Delta is "The World's Most Trusted Airline". They told me so themselves. Fortunately the patent office did not agree with them.
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Old Sep 1, 14, 8:24 am
  #12  
 
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Folks, at the risk of tempering the excitement, you should know that this is a brand new case, which was only filed on August 7, '14. Ms. Opper's attorney, James C. Shaw is a plaintiff's attorney at Shepherd, Finkelman, et al, a law firm with offices in NJ and WI, which specializes in bringing and litigating class action lawsuits. However, this case has not been given class action status and perhaps it never will.

Mr. Shah has already demanded a jury trial, and refused to permit the case to be heard before a magistrate judge, which would be the norm for adjudicating an action of this nature. Going before a magistrate generally means lower costs for the plaintiff and a speedier trial process.

Finally, DL has only been recently served, and will be given ample time to file an answer.

Clearly James Shah's interests extend far beyond those of Ms. Opper.
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Old Sep 1, 14, 8:25 am
  #13  
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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.
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Old Sep 1, 14, 8:33 am
  #14  
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Originally Posted by LBJ View Post
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.
I agree. I don't see this going very far as the attorney and the plaintiff don't have a strong enough understanding of airline revenue management to formulate a strong argument. However, if Delta wants to keep their proprietary revenue management strategies out of court they may find it in their best interest to settle.
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Old Sep 1, 14, 8:50 am
  #15  
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Originally Posted by LBJ View Post
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.
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.
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