Lawsuit filed over "actual flight distances"
Mar 23, 2013, 3:34 pm
#1
A FlyerTalk Posting Legend
Original Poster
Join Date: Apr 2001
Location: PSM
Posts: 69,232
Lawsuit filed over "actual flight distances"
Another class action suit has been filed against United, this time alleging breach of contract for only crediting point-to-point distances rather than actual flown miles. The claimant suggests that the MP T&C doesn't state that actual miles are not the basis of the calculation so they necessarily must be. And that he and others have been routinely shorted many miles because of this.
He cites IAD-PEK, noting that UA only credits customers 6,920 points when two recent flights of his were 7.276 and 7,043 miles actually flown. He wants those points, plus his 25% Premier bonus miles.
Most surprising to me is that he took this tack rather than claiming that UA is shorting customers by crediting a number shorter than the actual point-to-point distances. IAD-PEK is 6,921. EWR-HKG is 8,065 and only earns 8,060 miles.
Anyways, another lawsuit to watch unfold.
More details:
http://blog.wandr.me/2013/03/lawsuit...ileage-credit/
http://www.smartertravel.com/blogs/t...ml?id=14376144
PDF of the filing:
http://wandr.me/PDFs/HanvUnited.pdf
He cites IAD-PEK, noting that UA only credits customers 6,920 points when two recent flights of his were 7.276 and 7,043 miles actually flown. He wants those points, plus his 25% Premier bonus miles.
Most surprising to me is that he took this tack rather than claiming that UA is shorting customers by crediting a number shorter than the actual point-to-point distances. IAD-PEK is 6,921. EWR-HKG is 8,065 and only earns 8,060 miles.
Anyways, another lawsuit to watch unfold.
More details:
http://blog.wandr.me/2013/03/lawsuit...ileage-credit/
http://www.smartertravel.com/blogs/t...ml?id=14376144
PDF of the filing:
http://wandr.me/PDFs/HanvUnited.pdf
Mar 23, 2013, 4:05 pm
#4
Join Date: Dec 2007
Location: Las Vegas
Programs: DL Platinum, AA Lifetime Gold, Hilton Diamond, Marriott Platinum, Radisson Premium
Posts: 6,638
The case for lawsuit reform in the USA. ^^^^
This guy's claim is that UA is being deceptive by not awarding miles for each flight to go by actual flight distance travelled -- i.e. what Flightaware tells us.
No carrier does this, so I imagine the lawsuit is going to be tossed, because they'd have to be giving different miles for almost every individual flight without a single set
This guy's claim is that UA is being deceptive by not awarding miles for each flight to go by actual flight distance travelled -- i.e. what Flightaware tells us.
No carrier does this, so I imagine the lawsuit is going to be tossed, because they'd have to be giving different miles for almost every individual flight without a single set
Mar 23, 2013, 4:09 pm
#5
Join Date: Aug 2010
Location: DCA/IAD
Programs: UA*S/Club, Hyatt Plat, Marriott Silver
Posts: 485
http://www.meimark.com/news/mei-mark...nd-us-airways/
I wonder if the AAdvantage rules are clear on this subject, or if they just lacked a lead plaintiff...
Mar 23, 2013, 4:14 pm
#6
Join Date: Aug 2012
Location: Charlottesville
Programs: UA Gold, VX Gold, AA PLT, DL Gold, MR Gold, HH Diamond, Hertz 5* Gold
Posts: 469
But this might scare the legacy carriers into moving to a spend-based FF program rather than maintaining a miles-based FF program.
Mar 23, 2013, 4:21 pm
#7
Join Date: Jan 2005
Location: DEN
Programs: UA Gold-MM, AA Gold-MM, F9-Silver, Hyatt Something, Marriott Gold, IHG Plat, Hilton Diamond
Posts: 6,392
Makes me wonder if a lawsuit like this would have popped up if it weren't for Jeffy's mile-shaving scheme a year ago. (Which was eventually retracted and claimed to be an honest mistake.... which I still don't believe for a second.)
Mar 23, 2013, 4:34 pm
#8
A FlyerTalk Posting Legend
Join Date: Jun 2005
Posts: 57,520
"Actual mileage posting will be determined by the purchased ticket routing."
The reality of flight routing is that seven consecutive IAD-NRT flights will likely have seven different routes, and seven different actual miles flown. I think it would be a paperwork nightmare to attribute miles actually flown on each flight. Thus, it makes sense that UA and other airlines would pick the "average" routing from which to determine how many miles to award a passenger.
I don't want to see UA buried in lawsuits, but they are currently reaping what they have sown.
Mar 23, 2013, 4:57 pm
#10
Join Date: Jul 2011
Location: Our Nation's Capital
Programs: UA 1K, Marriott BonVoy LT Titanium Elite, National Executive Elite
Posts: 832
The airlines have created a monster with frequent flyer programs.
If it keeps getting worse, I'd almost like to see the airlines just end the programs entirely - or restructure them entirely that things like this can't happen.
The only big result I can see is a lot of deflated egos...
If it keeps getting worse, I'd almost like to see the airlines just end the programs entirely - or restructure them entirely that things like this can't happen.
The only big result I can see is a lot of deflated egos...
Mar 23, 2013, 5:02 pm
#11
Join Date: Mar 2002
Location: Now MFE... formerly SEA and DCA
Programs: Now UA free!, AA Ex Plat, AS MVP, Marriott Titanium for life
Posts: 664
I don't agree with the seeming randomness of mile changes, and UA could possibly be more upfront about this... the idea of a lawsuit here is silly. We are talking about a small amount of miles, even in the aggregate. Maybe they will ultimately seek to consolidate all MP claims into one single class action.
Mar 23, 2013, 5:03 pm
#12
Suspended
Join Date: Mar 2013
Location: Houtson, TX
Posts: 7
Mar 23, 2013, 5:27 pm
#14
Join Date: Dec 2011
Location: SLC
Programs: UA 1K
Posts: 493
Mar 23, 2013, 5:49 pm
#15
Join Date: Mar 2002
Location: Now MFE... formerly SEA and DCA
Programs: Now UA free!, AA Ex Plat, AS MVP, Marriott Titanium for life
Posts: 664
The airlines have created a monster with frequent flyer programs.
If it keeps getting worse, I'd almost like to see the airlines just end the programs entirely - or restructure them entirely that things like this can't happen.
The only big result I can see is a lot of deflated egos...
If it keeps getting worse, I'd almost like to see the airlines just end the programs entirely - or restructure them entirely that things like this can't happen.
The only big result I can see is a lot of deflated egos...
The first airline to cut out the program will get the CEO fired in the first Q as droves of passengers leave. The only way they could accomplish this feat is to pair with a significant cut in fares... right.