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, 12:06 am
#1
Original Poster
Join Date: Feb 2012
Location: Los Angeles, CA
Programs: DL DM, UA 1K, AA EXP, US G, SPG P, HH D, MR G, NEXUS/GE, DL AMEX Reserve
Posts: 2,035
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
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 9:31 am Reason: Copyright violation, use the link to read the article
Sep 1, 14, 12:13 am
#2
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,080
I wonder whether this is why DL has pulled all info from EF.
Sep 1, 14, 12:15 am
#3
Original Poster
Join Date: Feb 2012
Location: Los Angeles, CA
Programs: DL DM, UA 1K, AA EXP, US G, SPG P, HH D, MR G, NEXUS/GE, DL AMEX Reserve
Posts: 2,035
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.
Great minds think alike.
Sep 1, 14, 12:15 am
#4
A FlyerTalk Posting Legend
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,080
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:
Article:
http://www.jsonline.com/watchdog/pi/...270819081.html
For the full lawsuit see: http://media.jrn.com/documents/deltaclassaction.pdf
Article Text:
Sep 1, 14, 12:18 am
#5
Original Poster
Join Date: Feb 2012
Location: Los Angeles, CA
Programs: DL DM, UA 1K, AA EXP, US G, SPG P, HH D, MR G, NEXUS/GE, DL AMEX Reserve
Posts: 2,035
Sep 1, 14, 2:51 am
#6
Join Date: Jan 2008
Location: EAU
Programs: UA 1K, CO Plat, NW Plat, Marriott Premiere Plat, SPG Plat, Priority Gold, Hilton Gold
Posts: 4,700
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.
Sep 1, 14, 3:23 am
#7
Join Date: Aug 2000
Location: OKC
Programs: DL DM/2.768MM, Global Entry, Titanium_Marriott, GHertz
Posts: 6,705
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.
Great minds think alike.
Sep 1, 14, 3:59 am
#9
FlyerTalk Evangelist
Join Date: May 2001
Location: Southern California/In the air
Programs: DL
Posts: 10,382
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.
Sep 1, 14, 4:09 am
#10
Join Date: Jul 2010
Posts: 1,150
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.
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.
Sep 1, 14, 6:05 am
#11
Join Date: Feb 2006
Location: rural Indiana - IND
Programs: DL Plat, Hilton Diamond, IHG Plat, Jelly of the Month, formerly NWA Plat (RIP)
Posts: 909
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.
Delta is "The World's Most Trusted Airline". They told me so themselves. Fortunately the patent office did not agree with them.
Sep 1, 14, 7:24 am
#12
Join Date: Apr 2004
Posts: 1,611
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.
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.
Sep 1, 14, 7:25 am
#13
FlyerTalk Evangelist
Join Date: Jul 2003
Posts: 20,948
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, 7:33 am
#14
FlyerTalk Evangelist
Join Date: Nov 2004
Location: 45° North
Programs: DL DM MM, HH Diamond
Posts: 10,195
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, 7:50 am
#15
FlyerTalk Evangelist
Join Date: Apr 2001
Location: NYC
Posts: 26,280
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.
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.
