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DL Amex Reserve - Bait and Switch - Class Action?

DL Amex Reserve - Bait and Switch - Class Action?

Old Sep 13, 2023, 7:16 pm
  #1  
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DL Amex Reserve - Bait and Switch - Class Action?

There's plenty to grouse about (for a lot of people) and indeed we will here and elsewhere.

One thing that stands out is the heavy marketing of the DL Amex Reserve cards coupled with massive price increase for SkyClub memberships following additional access restrictions. There were two significant lures to buy the Reserve Card (and additional cards):
  • Unlimited Sky Club access.
  • MQD status boosts (same for marketing of the DL Platinum Amex).
Somewhat the same for the Amex Platinum Card.

As of last week, maybe later, these cards were still being marketed with these inducements.

NOTE; This is NOT the same as Delta being able to change the Sky Miles rules at any time. This is about bait and switch where people are lured to these cards with these inducements.

And there's more. This continued well after both Amex and Delta knew that Lucy would drag the football away from Charlie Brown. These changes had to be in the works for months. (Personally, I switched from executive Sky Club membership to Reserve cards because of the Sky Club inducement.). Yet the marketing continued.

Maybe a class action suit or other counterattack?
Dick Ginkowski is offline  
Old Sep 13, 2023, 7:29 pm
  #2  
 
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Nothing is changing re SC access until Feb 1/25 on purpose so everyone has at least a year to terminate their Amex card. You still have unlimited SC access until 1/31/24. Just the MQM boosts will disappear as MQMs will no longer exist.
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Old Sep 13, 2023, 7:31 pm
  #3  
 
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Originally Posted by sydneyracquelle
You still have unlimited SC access until 1/31/24.
Typo I hope? 2024 or 2025?
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Old Sep 13, 2023, 7:32 pm
  #4  
 
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Don’t forget to name the terminal credit card hawkers as a party to the lawsuit, as I wonder if this group had to also sign a NDA while still advertising said credit cards the past month when the Reddit rumor 1st surfaced.

Delta and AmEx are providing you over 1 year to cancel the product if you don’t like the changes, as no relationship lasts forever.
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Old Sep 13, 2023, 7:35 pm
  #5  
 
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The changes are lousy, but class actions are a scam. You might get a $5 rebate while some lawyer makes millions.
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Old Sep 13, 2023, 7:39 pm
  #6  
 
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Originally Posted by js1993
The changes are lousy, but class actions are a scam. You might get a $5 rebate while some lawyer makes millions.
To add insult to injury, the paperwork required to claim that $5 will likely drive me to therapy sessions.
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Old Sep 13, 2023, 7:57 pm
  #7  
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Originally Posted by Visconti
To add insult to injury, the paperwork required to claim that $5 will likely drive me to therapy sessions.
And that's assuming that you don't throw away the postcard!

But a class action might be only one approach. Another might be some form of consumer fraud action. I am familiar with this on the state level, not on the federal. There are people who acted on these inducements with what we call detrimental reliance (for one example, if you gave up a paid membership and would have to pay a new initiation fee to reinstate at a later date). Again, the marketing inducements continued even though the changes were undoubtedly known. I doubt anyone who signed up for a Reserve card in the last year had any idea that the rug would be pulled and indeed Delta heavily pushed them as did Amex (which continues to push the Amex Platinum Card). Reduction from unlimited visits to 10 a year is a major variance (to put it mildly).
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Old Sep 13, 2023, 7:59 pm
  #8  
 
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Originally Posted by Dick Ginkowski
And that's assuming that you don't throw away the postcard!

But a class action might be only one approach. Another might be some form of consumer fraud action. I am familiar with this on the state level, not on the federal. There are people who acted on these inducements with what we call detrimental reliance (for one example, if you gave up a paid membership and would have to pay a new initiation fee to reinstate at a later date). Again, the marketing inducements continued even though the changes were undoubtedly known. I doubt anyone who signed up for a Reserve card in the last year had any idea that the rug would be pulled and indeed Delta heavily pushed them as did Amex (which continues to push the Amex Platinum Card). Reduction from unlimited visits to 10 a year is a major variance (to put it mildly).
What damages are you hoping to claim? DL's allowed to change the terms of the program and that's in the credit card agreement.. I suppose you could get an annual fee refunded if you push hard enough, but that probably wouldn't require a lawsuit, either.
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Old Sep 13, 2023, 8:39 pm
  #9  
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Originally Posted by cvision
Typo I hope? 2024 or 2025?
2025. They only start tracking $75K in annual spend for the exemption on Jan 1, 2024.
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Old Sep 13, 2023, 8:49 pm
  #10  
 
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Originally Posted by js1993
The changes are lousy, but class actions are a scam. You might get a $5 rebate while some lawyer makes millions.
It’s such a wonderful feeling, though, after all those hoops you have to jump through, and after the months or years of waiting, when that $8.35 finally hits your Paypal account.
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Old Sep 13, 2023, 8:50 pm
  #11  
 
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No doubt these changes suck but they are giving well over a year notice. Plenty of time for customers to cancel before the next annual fee hits. Curious what kind of retention offers they may have when I call to cancel later this year.
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Old Sep 13, 2023, 9:02 pm
  #12  
 
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Originally Posted by DLASflyer
No doubt these changes suck but they are giving well over a year notice. Plenty of time for customers to cancel before the next annual fee hits. Curious what kind of retention offers they may have when I call to cancel later this year.
10 more visits I bet.
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Old Sep 13, 2023, 9:04 pm
  #13  
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I think one thing missing from some of the responses above is that this isn't a one-year credit card. The fee is paid annually but the expectation is that there will be a long-term relationship. The point is that at least two major benefits were being advertised as reasons to buy the Reserve card when the people doing the hawking concealed the truth.

One possible result of litigation could be specific performance of the promises.
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Old Sep 13, 2023, 9:29 pm
  #14  
 
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Originally Posted by Dick Ginkowski
I think one thing missing from some of the responses above is that this isn't a one-year credit card. The fee is paid annually but the expectation is that there will be a long-term relationship. The point is that at least two major benefits were being advertised as reasons to buy the Reserve card when the people doing the hawking concealed the truth.

One possible result of litigation could be specific performance of the promises.
DL makes it very clear in the AMEX terms and conditions, very specifically in the section about SkyClub access, that "Benefit and rules subject to change without notice." I don't like these changes, and I would agree 100% if they were being implemented immediately, but they're providing a significant amount of notice.

What tangible damages are you claiming by not having as long of a relationship with the DL credit card as you initially intended?
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Old Sep 13, 2023, 9:41 pm
  #15  
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I stand corrected. The advertising for unlimited Sky Cub access on a Reserve card remains with no indication that this will sunset.
Dick Ginkowski is offline  

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