ImSoPo

Congratulations! We need more people to stand up for their rights.

BigFlyer

I'm the original poster, with some comments and answers to questions.

First, I'm surprised that everyone is surprised at the result. I suppose I was lucky on the extra $500 (but I think I did have good evidence of fraud), but why wouldn't I get my money back? I followed their rules, they didn't, so I should win, right?

I think we've all become so accustomed to the fact that the various travel providers do what they want, we've actually started believing on some level that them doing whatever they want is legal. Well, it isn't. If it sounds absurd to us, it will to a judge. Remember, judges travel too, so they can identify with the consumer on this one (even if they can't identify with a poor tenant being evicted.)

OK, answers to some questions that were posed by others:

Collection: They paid, no hassle.

Where Was my Case: California.

Did the Judge Rule/Suggest They Should Change Their Website: The judge did not have the authority in a small claims court case to order Orbitz to do anything but pay money. The judge did say that he assumed Orbitz would change its website to avoid a class action lawsuit.

Janice Robertson's Question re Mazatlan Trip: Get everyone before the court (i.e., sue everyone), then let the judge decide who pays.

What if Orbitz/The Travel Provider I Want to Sue Doesn't Have an Agent for Service of Process in my State: Depends on your state. You might be able to serve the secretary of state in your state, or serve Orbitz at its home office in Chicago. I don't think California allows out of state service of process for small claims court (I could be wrong), so check that issue out for your state before hiring a Chicago process server.

jbice

Thank you for taking the time to remind them that they have to hold up their end of the deal.

N1120A

Great job BigFlyer. For those wondering how the OP got the extra money, that is really a simple thing. First, and most obvious, is the full price of the canceled ticket. Second, a prevailing party is entitled under California law to collect their taxable costs of litigation (things like filing fees and process servers fall into this category). Finally, the judge had broad discretion to award general damages, which is what many refer to as "pain and suffering" and/or "emotional distress." In this case, the judge gave these damages for the time and aggravation BigFlyer spent trying to get his money back.

You don't actually even have to serve the registered agent. For a foreign defendant in California (that means from another state), you can mail serve them. Just mail it to their corporate HQ.

BigFlyer

Not true:

Must I serve the defendant in California?
Yes. You must serve the defendant in California unless:

* You're suing about property located in California, and the owner doesn't live in California, or
* You had a car accident in California, and the owner or driver of the other car doesn't live in California.

http://www.courtinfo.ca.gov/selfhelp...e.htm#howserve

arfgoblue

Thanks for the original post and update. I doubt the majority of us here, not possessing a legal background, would be able to follow in your footsteps, but it is nice to know it can be done.

BigFlyer

Did I say I had a legal background?

It is clear to me that anyone filing the claim would have gotten the same result from that judge.

If you're smart enough to post on Flyertalk, you're smart enough to go to small claims court. After all, look at all of those dimwits on People' Court. But, seriously, if you are smart enough to look at Flyertalk, you are smarter than most of the folks that go to small claims court.

philipperv

Now somebody needs to sue them over their Price Assurance scam.

bbbb

Great story!

helenkan

YOu sir, are a hero. Very empowering.

8dimsum

Thank you for a clear presentation and update. Very empowering.

evillasenor

I'm fairly new to the site, but was wondering if you could point me to a thread or site where I could see what airlines have a 24hr cancellation policy (either online or through their reservation centers).

Thanks!

ProudPatriot

Please allow me to add my sincere appreciation for your efforts. THANK YOU!

You may not be aware of it, but you have unintentionally resurrected my faith in our legal system. I've always been impressed with California's Small Claims Court (I've also been successful in landlord/tenant issues). However, my recent experience with other aspects of American jurisprudence has been extraordinarily disappointing.

Given the deteriorating state of business ethics in the USA, your stance and efforts, which are based on principle and 'doing the right thing,' are especially noteworthy and extremely important.

Orbitz' reprehensible conduct is symbolic and symptomatic of a much larger problem in American business. It's regretful, but honesty, integrity, and ethical business conduct are increasingly taking a back seat to 'the bottom line.' Of course, throughout American history, the lack of business ethics has always been a problem. However, ethical lapses are becoming far too common, and in my opinion, they have reached unprecedented and epidemic proportions.

I truly wonder if Orbitz' Board of Directors realizes how damaging this publicity has been to their brand image? How much revenue has Orbitz lost as a result of the publicity of this incident? Would any of you CFOs or CEOs out there care to comment?

LAX

This is exactly why I found this thread. I was searching for any complaints about their claim of "Price Assurance." I might start a new thread if I don't hear more responses in this one.

LAX

diego11372

Hi, I read your post, and I am very inspired by your story and would like to do the same thing you did. I live in New York City. Did you sue them in your city of residence, and if not, where did you sue them, and what address did you use. Thanks a lot for your assistance.

Diego