Nov 2, 2019, 11:43 pm
Last edit by: zebranz
So, is anything happening with this? Just curious (Oct 3, 2019)
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Related thread: Club member/one-time pass access changes Nov 1, 2019 (same day BP on UA or partner) Original thread -- focused on the basic access issue, most lifetime membership posts have been moved to this lifetime thread
If you paid cash for a lifetime Club membership and would like to join a potential class action due to this material change, please post your username here:
ctownflyer
hog Heaven
AAdmiral
nsx + 1
RichardInSF
Sykes
soartoday
lax2jfk2lax
libuser + 1
Xyzzy + 1
Buster CT1K
1K Student
Elitefreak
flyer austin + 1 (wiki-restricted member, added by IAH-OIL-TRASH)
Radonc1 + 1 (not a FT member but has LT membership)
Halo117
mikey
Mnmag
Vulcan
lateacher
kmersh
MazdaMP
bajong
sandiego1k
thesilb
HnlJay
nachosdelux
wtigerFF
a1bengal
benolaa
LeslieandDiane
SPN Lifer +1
YRKInsider
texd
IAHtraveler
nzpilot
zebranz
If you received a lifetime Club membership from the UA MM program and would like to join a potential class action, please post your username here:
deek
honmani2
lax2jfk2lax (recd 2nd lifetime for hitting 2MM which I gifted)
seacarl
Related thread: Club member/one-time pass access changes Nov 1, 2019 (same day BP on UA or partner) Original thread -- focused on the basic access issue, most lifetime membership posts have been moved to this lifetime thread
Lifetime Member Edition: UC access changes Nov 1, 2019 (same day BP on UA or partner)
Nov 22, 2018, 6:11 am
#77
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You are discounting the time and expense to document and train agents about an exception for a very small number of members which is likely the bigger concern for UA. Further, it sets a precedent of potentially having to make carve-out/exception's whenever there is a change in lounge policy. I wouldn't be surprised if you were to push this legally that they might end up offering some sort of pro-rated refund rather than making policy exceptions.
Nov 22, 2018, 10:26 am
#78
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LT Red Carpet Club membership was for years a benefit of making 2 million miles with the old pre-merger program.
Nov 22, 2018, 11:01 am
#79
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Nov 22, 2018, 11:27 am
#80
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Nov 22, 2018, 11:33 am
#81
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My guess if you do the equivalent NPV calculation on the purchase of the LT UC membership and the lowest cost of UC membership in the years since the LT purchase has a return value exceeding most investments. And add in the future value ( even if reduced somewhat due to this change) and financial result is even more in the purchaser's advantage.
Nov 22, 2018, 11:48 am
#82
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No one is going to care about a few frequent flyers having their benefits incrementally curtailed. Least of all UA. For one thing, there's no YouTube video 
Agree, I don't think that calculation will help the LT members' argument at all.
My guess if you do the equivalent NPV calculation on the purchase of the LT UC membership and the lowest cost of UC membership in the years since the LT purchase has a return value exceeding most investments. And add in the future value ( even if reduced somewhat due to this change) and financial result is even more in the purchaser's advantage.
Nov 22, 2018, 1:26 pm
#83
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My guess if you do the equivalent NPV calculation on the purchase of the LT UC membership and the lowest cost of UC membership in the years since the LT purchase has a return value exceeding most investments. And add in the future value ( even if reduced somewhat due to this change) and financial result is even more in the purchaser's advantage.
”pro-rata” is the term I have an issue wrt “refund” (it can’t be defined), but some sort of goodwill gesture might be due. Making an exemption would just provide a new avenue for agents to make wrong turns.
Nov 22, 2018, 1:33 pm
#84
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The law will allow future value damages based on expert testimony. Typically the expert will just a pick date beyond which future value becomes too speculative to estimate. Five years would be pretty common, though obviously the exact number depends on the particular circumstances.
Nov 22, 2018, 1:50 pm
#85
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Unwanted media exposure? What media would possibly want to "expose" this? That UA actually wants you to fly on their own planes to use an lounge?
If UA stood its ground in Lagen v United Airlines lifetime million miler suit - with all its ugliness, including the written dissent by a Federal Appeals and then the court affirming they can unilaterally change lifetime benefits which had a lot of media exposure - then they certainly don't care about this.
Delta announced this several months before UA - where is the unwanted media exposure for them? Lagen v UA set precedent at a Federal Appeals Court level - I can't imagine any reputable law firm would remotely entertain this - I can only imagine how money was lost by the Lagen attorneys who probably felt certain UA would settle and divvy up attorney fees.
If UA stood its ground in Lagen v United Airlines lifetime million miler suit - with all its ugliness, including the written dissent by a Federal Appeals and then the court affirming they can unilaterally change lifetime benefits which had a lot of media exposure - then they certainly don't care about this.
Delta announced this several months before UA - where is the unwanted media exposure for them? Lagen v UA set precedent at a Federal Appeals Court level - I can't imagine any reputable law firm would remotely entertain this - I can only imagine how money was lost by the Lagen attorneys who probably felt certain UA would settle and divvy up attorney fees.
Nov 22, 2018, 2:48 pm
#86
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If UA stood its ground in Lagen v United Airlines lifetime million miler suit - with all its ugliness, including the written dissent by a Federal Appeals and then the court affirming they can unilaterally change lifetime benefits which had a lot of media exposure - then they certainly don't care about this.
"The most basic and powerful fact is the plain meaning of the word United chose to attract plaintiff's business: “lifetime.” That's hard to reconcile with “until we change our minds.” /.../ Consumer fraud cases must be handled through the Department of Transportation. However bad United's conduct may have been, it must be addressed in the manner that Congress prescribed." - Judge David F. Hamilton, 7th U.S. Circuit
Last edited by LegalTender; Nov 22, 2018 at 5:25 pm Reason: Citation error
Nov 22, 2018, 4:23 pm
#87
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The Seventh Circuit affirmed on two grounds - the promise to million milers was not part of the contract with Lagen, and any deceptive practices claim would be preempted by the ADA. The dissenting judge believed UA's conduct to be fraudulent and that there should be a remedy for that. He was outvoted.
Last edited by Kacee; Nov 22, 2018 at 4:35 pm
Nov 22, 2018, 5:05 pm
#88
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That's not exactly correct. The Seventh Circuit affirmed on two grounds - the promise to million milers was not part of the contract with Lagen, and any deceptive practices claim would be preempted by the ADA. The dissenting judge believed UA's conduct to be fraudulent. He was outvoted.
Nov 22, 2018, 8:08 pm
#89
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Obviously, all dissenting judges are outvoted. All 3 recognized the Act’s preemptive effect. MileagePlus Program rules have always allowed United to tinker with the program and Lagen failed to prove that Million–Miler bennies are/were separate. But the Court cited a 1992 ruling that the ADA “does not give the airlines carte blanche to lie to and deceive consumers." It channels grievances to DOT, the choice Congress made.
And does UA want this to be the test case?
I'd wager that UAs lawyers have been debating this since I raised the issue.
Nov 22, 2018, 9:24 pm
#90
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I'd wager more likely than not, UA lawyers haven't debated this whatsoever and haven't even been looped in. My opinion, DL havesn't debated this either and they announced months ago before UA.
Last edited by HNLbasedFlyer; Nov 22, 2018 at 9:42 pm