Loyalty Match program- is this legal?
#16




Join Date: Oct 2004
Location: BZN
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Posts: 8,292
I'm not a lawyer, but in my opinion most CC trades violate the letter of the program T&C's. IMHO, CC exists because it complies with the spirit of the programs by restricting trades to travel for travel. Still, if you get busted for a trade, it won't help you to say "But I did the trade on Coupon Connection". Same for any barter site. If you trade with a genuine friend, you may have a defense.
You can think about both CC, LoyaltyMatch, and any similar service as being akin to P2P networks and file sharing. P2P networks have been upheld as legal (some have not, but because of distinct IP-related issues) because they are simply matchmaking for barters, not responsible for what is being being bartered.
Last edited by mooper; Dec 5, 2008 at 4:22 pm Reason: fixed typo
#17
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Join Date: Apr 2001
Location: PSM
Posts: 69,232
...we do not circumvent the FFP programs...
our service assists you in connecting to a member from another program allowing you to: ... 2) sell the reward for cash to a buyer (e.g. like a quasi eBay or craigslist process).
our service assists you in connecting to a member from another program allowing you to: ... 2) sell the reward for cash to a buyer (e.g. like a quasi eBay or craigslist process).
The article you've cited has exactly one reference to your program, and it is NOT from a loyalty program executive. It is from Trevor Van Nest, Vice President of Consumer Card Marketing, American Express. And his view is that the program would be positive if it allowed for the consolidation of points, which it does not offer. So you've got an unqualified person answering a question about a product he is apparently not completely familiar with, and the answer is that is is "not very popular yet and won't become popular until someone comes up with a model that makes it valuable for the customer to transfer and consolidate." That in no way speaks to the legitimacy of the service you offer.
As for citations for programs that expressly prohibit what it is that you have formed your business to facilitate, here are a few.
Continental Airlines:
OnePass rewards and mileage in your OnePass account may not be sold, bartered, traded, exchanged or purchased, except under programs fully authorized and/or sponsored by Continental Airlines. Rewards and mileage obtained in violation of this rule will be void and confiscated. A violation of this rule may result in the termination of your OnePass membership and forfeiture of all mileage in your account.
If a person other than the OnePass member or the person named on the reward attempts to use the reward, it will be void and travel will be denied. Altered rewards are also void.
Rewards deemed void will be confiscated and the mileage forfeited by the member. At the discretion of OnePass, actions which result in a void reward may lead to membership termination and forfeiture of all mileage.
If a person other than the OnePass member or the person named on the reward attempts to use the reward, it will be void and travel will be denied. Altered rewards are also void.
Rewards deemed void will be confiscated and the mileage forfeited by the member. At the discretion of OnePass, actions which result in a void reward may lead to membership termination and forfeiture of all mileage.
Delta Airlines:
The sale or barter of mileage credit, vouchers, Award Certificates, or Award Tickets by SkyMiles members is prohibited. Delta will terminate or deduct mileage from the account of any member who violates this rule. Award Certificates or Tickets obtained through prohibited sale or barter transactions are VOID, invalid for travel, and will be confiscated. Persons trying to use such tickets will not be permitted to travel unless they purchase a ticket from Delta at the applicable fare.
# At no time may AAdvantage mileage credit or award tickets be purchased, sold or bartered. Any such mileage or tickets are void if transferred for cash or other consideration. Violators (including any passenger who uses a purchased or bartered award ticket) may be liable for damages and litigation costs, including American Airlines attorneys fees incurred in enforcing this rule.
# Use of award tickets that have been acquired by purchase or for any other consideration may result in the tickets being confiscated or the passenger being denied boarding. If a trip has been started, any continued travel will be at the passenger's expense on a full-fare basis. The passenger and member may also be liable to American Airlines for the cost of a full fare ticket for any segments flown on a sold or bartered ticket.
# Fraud, misrepresentation, abuse or violation of applicable rules (including, but not limited to, American or American Eagle conditions of carriage, tariffs and AAdvantage program rules) is subject to appropriate administrative and/or legal action by appropriate governmental authorities and American Airlines. Such action may include, without limitation, the forfeiture of all award tickets, and any accrued mileage in a member's account, as well as cancellation of the account and the member's future participation in the AAdvantage program. In addition, American Airlines reserves the right to take appropriate legal action to recover damages, including its attorney fees incurred in prosecuting any lawsuit.
# Use of award tickets that have been acquired by purchase or for any other consideration may result in the tickets being confiscated or the passenger being denied boarding. If a trip has been started, any continued travel will be at the passenger's expense on a full-fare basis. The passenger and member may also be liable to American Airlines for the cost of a full fare ticket for any segments flown on a sold or bartered ticket.
# Fraud, misrepresentation, abuse or violation of applicable rules (including, but not limited to, American or American Eagle conditions of carriage, tariffs and AAdvantage program rules) is subject to appropriate administrative and/or legal action by appropriate governmental authorities and American Airlines. Such action may include, without limitation, the forfeiture of all award tickets, and any accrued mileage in a member's account, as well as cancellation of the account and the member's future participation in the AAdvantage program. In addition, American Airlines reserves the right to take appropriate legal action to recover damages, including its attorney fees incurred in prosecuting any lawsuit.
8.1 No Starpoints or Awards may be exchanged or redeemed for cash, prizes or credit. Awards must be redeemed in accordance with these Terms and Conditions and the procedures specified on the Award certificate, if any.
#1 Awards Rental Certificates are not replaceable and are only transferable to a member's spouse or domestic partner. Spouse or domestic partner should have his/her own #1 Club number to use the #1 Awards Rental Certificate. Altered or photocopied #1 Awards Rental Certificates will not be honored.
How many more examples would you like to see?
I wish you a lot of luck, Brad, but to come here and claim that the transactions you are facilitating are not cash-based, not in violation of the program T&C and actually beneficial for the airlines is just plain ludicrous.
#18
Join Date: Nov 1999
Location: SFO
Programs: UA 1.050MM, PersonalCar 0.275MM
Posts: 1,720
I usually find what Tim Winship writes to be drivel, either true but uninsightful pap or incorrect conclusions based on outdated assumptions. So it doesn't impress me that he is the only person specifically named that LoyaltyMatch has posted about in this thread. But I went and looked up his article talking about LoyaltyMatch, and quickly perused the company's Web site.
I find it fascinating that the founder of LoyaltyMatch is unable to communicate clearly in a few sentences the crux of what his company enables. I would have expected him to have long long ago polished his 30 second elevator pitch.
Here's my stab: LoyaltyMatch wants you to redeem your miles/points for physical merchandise, and plans to make money by charging listing fees for the resale/exchange of that physical merchandise for other merchandise. Programs may choose to tolerate LoyaltyMatch's existence if the negotiated cost of merchandise to them is less than the amount they can take off their financial books for the redemptions of miles/points. To the extent that LoyaltyMatch facilitates and encourages such redemptions, its marketplace may actually prove financially beneficial to the companies.
The companies running said programs may also realize that for them to claim it is invalid for John Smith to do whatever he wants with a flat screen television would go against most people's notions of property rights, notions that are much clearer for physical merchandise than for contracts for future air transport (plane tickets). If they were to enforce their T&C's in such a case, and somebody were to then challenge them in court, that just might set a precedent that they wouldn't want to have set.
Concensus on FT is that redemption for merchandise is a bad value. Bad value for us probably translates to fantastically good value to the programs. Most of us won't find LoyaltyMatch compelling. But some folks out there may find it a good use for some of their miles/points.
I find it fascinating that the founder of LoyaltyMatch is unable to communicate clearly in a few sentences the crux of what his company enables. I would have expected him to have long long ago polished his 30 second elevator pitch.
Here's my stab: LoyaltyMatch wants you to redeem your miles/points for physical merchandise, and plans to make money by charging listing fees for the resale/exchange of that physical merchandise for other merchandise. Programs may choose to tolerate LoyaltyMatch's existence if the negotiated cost of merchandise to them is less than the amount they can take off their financial books for the redemptions of miles/points. To the extent that LoyaltyMatch facilitates and encourages such redemptions, its marketplace may actually prove financially beneficial to the companies.
The companies running said programs may also realize that for them to claim it is invalid for John Smith to do whatever he wants with a flat screen television would go against most people's notions of property rights, notions that are much clearer for physical merchandise than for contracts for future air transport (plane tickets). If they were to enforce their T&C's in such a case, and somebody were to then challenge them in court, that just might set a precedent that they wouldn't want to have set.
Concensus on FT is that redemption for merchandise is a bad value. Bad value for us probably translates to fantastically good value to the programs. Most of us won't find LoyaltyMatch compelling. But some folks out there may find it a good use for some of their miles/points.
#19
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Join Date: Apr 2001
Location: PSM
Posts: 69,232
Here's my stab: LoyaltyMatch wants you to redeem your miles/points for physical merchandise, and plans to make money by charging listing fees for the resale/exchange of that physical merchandise for other merchandise. Programs may choose to tolerate LoyaltyMatch's existence if the negotiated cost of merchandise to them is less than the amount they can take off their financial books for the redemptions of miles/points. To the extent that LoyaltyMatch facilitates and encourages such redemptions, its marketplace may actually prove financially beneficial to the companies.
If the airlines approve it (and I asked that previously and it remains unanswered) then that's great. But I highly doubt that they do.
#20


Join Date: Oct 2005
Location: United Arab Emirates & Arizona, USA
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Yes, they are "legal". Very little in awards programs can be done that would violate the law and have the police come after you.
But I suspect that this would violate the terms and conditions of the programs. You won't get arrested, but you could forfeit all of you accumulated points.
How can they do it? It's not illegal or against the program T&C to be an intermediary to such a transaction. You lose the points, LoyaltyMatch has no liability/damage.
Note the weasel words buried deep in the fine print - "In making a reward purchase or trade, you warrant and covenant to LoyaltyMatch that: (a) you are legally able to trade the rewards through the LoyaltyMatch Site, (b) you have read and agreed to the terms and conditions of for the loyalty or rewards program from which you are listing rewards to buy or trade on the LoyaltyMatch Site, and, (c) your offer to buy or trade will not violate the terms and conditions of your respective Loyalty Program as they pertain to you. "
I.e. - you are stating/committing that you have verified the T&Cs of your program and are allowed to do this.
So when you get smacked, they just say "but you stated to us that it was OK and we accepted your word - your mistake, not ours"
But I suspect that this would violate the terms and conditions of the programs. You won't get arrested, but you could forfeit all of you accumulated points.
How can they do it? It's not illegal or against the program T&C to be an intermediary to such a transaction. You lose the points, LoyaltyMatch has no liability/damage.
Note the weasel words buried deep in the fine print - "In making a reward purchase or trade, you warrant and covenant to LoyaltyMatch that: (a) you are legally able to trade the rewards through the LoyaltyMatch Site, (b) you have read and agreed to the terms and conditions of for the loyalty or rewards program from which you are listing rewards to buy or trade on the LoyaltyMatch Site, and, (c) your offer to buy or trade will not violate the terms and conditions of your respective Loyalty Program as they pertain to you. "
I.e. - you are stating/committing that you have verified the T&Cs of your program and are allowed to do this.
So when you get smacked, they just say "but you stated to us that it was OK and we accepted your word - your mistake, not ours"
Otherwise, good points. It seems clear that this program violates the T&C of most or all loyalty programs. One can come up with some pretty good spin (and pshuang did -- funny indeed that it's better than that of the company founder), but none of that changes the fact that one is simply using such a program (or CC of FT) to sell or barter loyalty points.
Most of us on FT should be happy about the existence of such T&C, because, although it makes it harder to redeem our own points, imagine how much of an order of magnitude the value of points would be further diluted if they were truly liquid on an open market. Yikes.
#21




Join Date: Oct 2004
Location: BZN
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Posts: 8,292
I am curious what you think specifically of the comparison of LoyaltyMatch to CC, some of which I outlined in my post #16 above. I think your points about LM are dead on, but I also see little distinction between LM and CC (other than the functionality and specific method of matchmaking).
Do you think this is a safe assumption? If points were openly and readily traded for cash, I would think demand for them would increase, and possibly offset (or even more than offset) any decline caused by the effect of increased redemptions (and presumably, less availability). In theory, all that is happening is an increased efficiency of the system.
#22
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Join Date: Apr 2001
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I am curious what you think specifically of the comparison of LoyaltyMatch to CC, some of which I outlined in my post #16 above. I think your points about LM are dead on, but I also see little distinction between LM and CC (other than the functionality and specific method of matchmaking).
#23
Moderator: Southwest Airlines, Capital One




Join Date: Sep 1999
Location: California
Programs: WN A-list preferred, United Club Lietime (sic) Member
Posts: 22,848
Here's my stab: LoyaltyMatch wants you to redeem your miles/points for physical merchandise, and plans to make money by charging listing fees for the resale/exchange of that physical merchandise for other merchandise. Programs may choose to tolerate LoyaltyMatch's existence if the negotiated cost of merchandise to them is less than the amount they can take off their financial books for the redemptions of miles/points. To the extent that LoyaltyMatch facilitates and encourages such redemptions, its marketplace may actually prove financially beneficial to the companies.
The companies running said programs may also realize that for them to claim it is invalid for John Smith to do whatever he wants with a flat screen television would go against most people's notions of property rights, notions that are much clearer for physical merchandise than for contracts for future air transport (plane tickets). If they were to enforce their T&C's in such a case, and somebody were to then challenge them in court, that just might set a precedent that they wouldn't want to have set.
The companies running said programs may also realize that for them to claim it is invalid for John Smith to do whatever he wants with a flat screen television would go against most people's notions of property rights, notions that are much clearer for physical merchandise than for contracts for future air transport (plane tickets). If they were to enforce their T&C's in such a case, and somebody were to then challenge them in court, that just might set a precedent that they wouldn't want to have set.
One can come up with some pretty good spin (and pshuang did -- funny indeed that it's better than that of the company founder), but none of that changes the fact that one is simply using such a program (or CC of FT) to sell or barter loyalty points.
Most of us on FT should be happy about the existence of such T&C, because, although it makes it harder to redeem our own points, imagine how much of an order of magnitude the value of points would be further diluted if they were truly liquid on an open market. Yikes.
Most of us on FT should be happy about the existence of such T&C, because, although it makes it harder to redeem our own points, imagine how much of an order of magnitude the value of points would be further diluted if they were truly liquid on an open market. Yikes.
Extending this point, we often see posts to the effect of "Why shouldn't airlines release award seats as soon as it's clear the flight will not fill up? What's the point of leaving seats empty while not allowing award redemption?" The answer comes from the preceding paragraph: The airline does not want you to use an award for a trip that you would otherwise purchase at a high fare. They want you to buy a ticket. Last-minute award bookings are rarely of the discretionary "never would have paid the cash fare for it" type. Most of these last-minute award bookings cost the airline money. That's why the flights leave with empty seats but zero award availability.
#27
Join Date: Nov 1999
Location: SFO
Programs: UA 1.050MM, PersonalCar 0.275MM
Posts: 1,720
.... Whenever someone redeems an award for trip that they would otherwise have bought at the prevailing fare, it costs the airline money. When you redeem for an award you would never have paid the prevailing fare for, that costs the airline very little. The airlines want to minimize redemptions in the first category. Any service that helps people make redemptions in the first category hurts the airlines.
Extending this point, we often see posts to the effect of "Why shouldn't airlines release award seats as soon as it's clear the flight will not fill up? What's the point of leaving seats empty while not allowing award redemption?" The answer comes from the preceding paragraph: The airline does not want you to use an award for a trip that you would otherwise purchase at a high fare. They want you to buy a ticket. Last-minute award bookings are rarely of the discretionary "never would have paid the cash fare for it" type. Most of these last-minute award bookings cost the airline money. That's why the flights leave with empty seats but zero award availability.
Extending this point, we often see posts to the effect of "Why shouldn't airlines release award seats as soon as it's clear the flight will not fill up? What's the point of leaving seats empty while not allowing award redemption?" The answer comes from the preceding paragraph: The airline does not want you to use an award for a trip that you would otherwise purchase at a high fare. They want you to buy a ticket. Last-minute award bookings are rarely of the discretionary "never would have paid the cash fare for it" type. Most of these last-minute award bookings cost the airline money. That's why the flights leave with empty seats but zero award availability.
Other related thoughts: I can see the close-in award fees (which don't make much sense as a service fee since it doesn't take more effort for the customer service agent to ticket you for tomorrow than for 15 days from now) as an attempt to reduce the profitability of resold flight award redemptions. The airlines can go after the big operations, but they know they cannot very effectively go after the smaller operations. Also, as another example, the United DBC FREE vouchers issued for voluntary denied boarding, in addition to being restricted to redemption only on flights with W,Q,V fare basis availability, also cannot be redeemed for a round trip departing within 2 weeks of the ticketing date. I can imagine this specific T&C might have been put in to make these vouchers much less valuable for resale to last-minute price insensitive travelers, while still quite valuable to the use that United hopes you'll put them to, namely to redeem the vouchers for a holiday round trip that you otherwise wouldn't have consumed at United's asking price.
Last edited by pshuang; Dec 7, 2008 at 12:52 am
#28
Join Date: Nov 1999
Location: SFO
Programs: UA 1.050MM, PersonalCar 0.275MM
Posts: 1,720
I don't see it this way at all. Sure, they expose the merchandise redemption aspect that the programs offer, and that part is almost certainly amenable to - ever encouraged by - the airlines as they do get the best value there. But the title of their home page is "Convert your loyalty points to cash with LoyaltyMatch" and I cannot see how the airlines permit this as a reasonable redemption.
If the airlines approve it (and I asked that previously and it remains unanswered) then that's great. But I highly doubt that they do.
If the airlines approve it (and I asked that previously and it remains unanswered) then that's great. But I highly doubt that they do.
But here's the idea that sort of makes sense to me -- suppose I redeem 50,000 points in Program A for Toy A, and you redeem 100,000 points in Program B for Toy B. Program A's sponsor must think that they can provide me with Toy A at a reasonable cost to them (relative to 50,000 A points); siomilarly, Program B's sponsor must think they can provide you with Toy B at a reasonable cost to them (relative to 100,000 B points). At that point, should either Program A's sponsor or Program B's sponsor really care about whether I take Toy A and drop it into my local landfill, and/or whether you take Toy B and drop it into your local incinerator? Or that we trade toys with each other? Or that we sell them at our local garage sale or on an online marketplace, thus converting them into cash? Does it matter to them at all?
Well, perhaps they should care to the extent that if either one of us finds something to do with the toys that we enjoy or benefit from, we'll be more inclined to redeem our respective points for the respective toys. So if Program A's sponsor was anticipating 100 redemptions a month (each redemption at this expected level being expected to be a net benefit to them) but instead sees 200 redemptions a month, is that really a problem? Sure, at crazy high redemptions levels (say 100x their expectation, or 10,000 redemptions a month), Program A's sponsor might have to spend a lot more to acquire the 10,000th toy, or Program A's sponsor might have to take into account that they've erased such a huge number of points from their books that the marginal accounting benefit to them for erasing yet more points has changed. But that's easy for the sponsor to deal with -- they can change the redemption level for Toy A, or simply eliminate from their catalog altogether with the dreaded text "UNAVAILABLE AT THIS TIME - CHECK BACK LATER". And note making the toy unavailable for redemption doesn't interfere with the sponsor's supposedly primary business purpose of providing travel-related services, so yield management and maintaining price discrimination doesn't come into play.
If LoyaltyMatch can sucker pseudo-journalists like Tim Winship into saying ga-ga positive things about this, whereas he's pretty unrelentingly negative about anything that the programs themselves put out, why not quietly tolerate the business and whatever modest increased redemption activity levels it can create?
#29




Join Date: Oct 2004
Location: BZN
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I can see the close-in award fees (which don't make much sense as a service fee since it doesn't take more effort for the customer service agent to ticket you for tomorrow than for 15 days from now) as an attempt to reduce the profitability of resold flight award redemptions.
#30
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Join Date: Apr 2001
Location: PSM
Posts: 69,232
If LoyaltyMatch can sucker pseudo-journalists like Tim Winship into saying ga-ga positive things about this, whereas he's pretty unrelentingly negative about anything that the programs themselves put out, why not quietly tolerate the business and whatever modest increased redemption activity levels it can create?
Buyers contact LoyaltyMatch with a reward offer - cash or merchandise - for a particular item.
You are matched with the buyers to fulfill their reward offer for merchandise available through your loyalty program.
When you accept the reward offer, we inform the buyer of your intention to trade. If the buyer accepts, the process is finalized.
You order the item from your loyalty program for delivery to the buyer's address.
Depending on the reward offer, you will receive either merchandise or payment from the buyer.
You end up Rewarding Yourself by receiving the merchandise you really want OR by using your cash payment however you want: on hotels, for travel, to pay tuition ... whatever!
You are matched with the buyers to fulfill their reward offer for merchandise available through your loyalty program.
When you accept the reward offer, we inform the buyer of your intention to trade. If the buyer accepts, the process is finalized.
You order the item from your loyalty program for delivery to the buyer's address.
Depending on the reward offer, you will receive either merchandise or payment from the buyer.
You end up Rewarding Yourself by receiving the merchandise you really want OR by using your cash payment however you want: on hotels, for travel, to pay tuition ... whatever!
I'm sure that the "deals" they set up for direct redemption from the programs for merchandise are 100% legit (and aren't really worth the $2 transaction fee, assuming that is charged on a direct redemption for self). But the "deals" they are doing for cash are almost certainly violations of the T&C, regardless of what they say here.

