US Airways - Can we start a class action suit?

 
Old Nov 17, 07, 9:41 pm
  #1  
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US Airways - Can we start a class action suit?

I have Chairman status with US Airways (big deal)......I speak with many other Chairman in the course of my travels......we all agree that US AIrways is totally out of control and abusive to their customers.....we also suspect that their indifference costs us hard dollars in extra hotel nights and expenses not to mention valuable lost time.

My question for any attorney's out there (who are probably too smart to waste their time with this pathetic airline)........Are there grounds for a class action suit?....if you are a frequent flyer with US Airways this question needs no further explanation.

I am in if anybody can get this going.
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Old Nov 18, 07, 2:12 pm
  #2  
 
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KGXG,

First, welcome to Flyer Talk.

As one who has left US for greener pastures (along with MANY others), I am not sure they are bad enough to warrant a class action, but they probably do warrant your taking your business elsewhere.

Your opinion is shared by at least 900 other current or former US FF's, and we invite you to check out the FFOCUS web site (www.ffocus.org) for more information. We are a Frequent Flier Advocacy organization which dealt primarily with US Airways.

If you have personally experienced poor service (my guess is you have), please share your experiences, and make sure you report to the DOT.

Thanks and welcome again.
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Old Nov 18, 07, 6:25 pm
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I'm *so* bloody tired of the whinging.

Yes, US sucks. Go to another airline if it doesn't meet your needs, and stop trying to suck the blood out of the economy (and increase our fares) with idiotic and baseless lawsuits.

Honestly, what would the basis of a "class action" be?

"US's first class seat was yucky and gave us emotional distress!"

"Dividend Miles cards take so long to arrive that we get emotionally battered!"

If you have a legitimate grievance against US for services not rendered, you certainly have a right to pursue an individual suit. "Class action" suits, on the other hand, are designed primarily to enrich sleazy law firms at the expense of paying customers like me, who will end up spending $50 to $100 extra on the next several fares to pay for such drama-queenery.
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Old Nov 18, 07, 7:11 pm
  #4  
 
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Where do they have all of these things written, that you say they are violating?

US has changed, either change with it or leave.

Two options, take one...
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Old Nov 18, 07, 8:23 pm
  #5  
 
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KGXG,
One of the wonderful things about America is you have the right to make choices. You can choose to stay with US Airways and be unhappy and sit around and whine or cut the ties and go. Break off the dysfunctional relationship, but to go to a judge on this one? I think he would tell you to grow up and find another airline. I hate to see you go, but it's about value and the courtroom is no place to judge whether or not you are getting value for your money. The judge is YOU!
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Old Nov 18, 07, 8:39 pm
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In defense of the OP, and this is a weak defense I'll admit upfront... and for all the newbies here, listen good.

If you've had the type of problems you've mentioned in your OP, you have to complain to US and also file a complaint with the DOT. That's the only way to make US accountable short of what others have suggested in taking your business elsewhere.

Tempe thinks things are fine with the number of complaints going down... but I think we all know better. Statistically, they are still the lowest in the DOT complaint ratio that the DOT measures this quality measure.

I hear bad experience stories from FFOCUS members everyday both on the FFOCUS forums (yes, we have a forum area on the same idea as these on FT, except more detailed) and by individual members who have emailed me.

I wish something like a class action suit would make Tempe wake up, but all Tempe is concerned about is making money. As long as the yields are high and $$$ is being made, all will be fine according to their standards, so I hope you can deduce what has to happen for them to really listen.
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Old Nov 18, 07, 8:45 pm
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Originally Posted by FrequentHopper View Post
I'm *so* bloody tired of the whinging.

Yes, US sucks. Go to another airline if it doesn't meet your needs, and stop trying to suck the blood out of the economy
Kudos to a wise man.

Any chance you 'old timers' could reserve your posts, and yourselves, for constructive criticisms?? Whining won't get any of us where we all want to be.

Thanks.
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Old Nov 18, 07, 9:06 pm
  #8  
 
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Originally Posted by FrequentHopper View Post
Yes, US sucks. Go to another airline if it doesn't meet your needs, and stop trying to suck the blood out of the economy (and increase our fares) with idiotic and baseless lawsuits.
I'm with Hopper....

A "class action lawsuit" would be pointless....other then enriching trial attorneys...and I think they are in GREAT shape without this lawsuit.

The right thing to do is do what many of us have done...."take it to another airline." I personally would never, and I mean NEVER give the worst (miss)managed airline in the history of modern aviation hard earned money for any premium service.

If one flies enough to be a CP....just move the biz over to CO or UA or DL....those airlines have pretty darned good service along the east coast.

Let the Snad Castle people turn what was once the best airline in aviation into a pretend, BS airline that charges top (non-refundable) dollar.....and take your business to someone that cares.

But PLEASE...no lawsuits!
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Old Nov 18, 07, 10:58 pm
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The result of a class action lawsuit would be:

An attorney makes a $5 million fee

All US DM members get a $5 coupon and a free drink.

Class action lawsuits are the biggest waste of time in the history of the world.
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Old Nov 19, 07, 12:03 am
  #10  
 
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Originally Posted by Cargojon View Post
The result of a class action lawsuit would be:

An attorney makes a $5 million fee

All US DM members get a $5 coupon and a free drink.

Class action lawsuits are the biggest waste of time in the history of the world.
Oh, c'mon.

I bet US would happily send a $150 voucher to all the complainants. Just like they do to everyone else.
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Old Nov 19, 07, 12:03 am
  #11  
 
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I am not a lawyer, but I am in the finance-related industry and I would say that there certainly is an angle for a lawsuit if someone really wanted it. This is just a theory. I am not advocating it, but essentially all you would have to do is become a shareholder of the Corporation and then sue under the premise that management was not operating the airline in the best interest of the shareholders. This is not an easy argument to prove. You would need hard facts. Not just anectdotal quips of people leaving. You would need to hire a firm to calculate the lost revenue, profit, etc. as a result of management's actions.

I suppose it is also possible that by some loophole you could also be considered a stakeholder if you have any miles in your DM account. Then you wouldn't even need stock.
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Old Nov 19, 07, 12:09 am
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Also, as a point of clarification, I don't think the point of any class action lawsuit is to make money. It is to send a message that basically the little guy will not be pushed around by corporate America.

I think it is interesting how this board is so evenly split - divisive really. You either hate management and they can do nothing right or you love management and the customer is to blame because they haven't switched. I don't think it is either. I think it is some combination of both.
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Old Nov 19, 07, 1:23 am
  #13  
 
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Any type of lawsuit on these grounds would result in one thing - summary judgement in favor of the defendant.

They're not obligated to make you a happy or productive customer, or to do anything beyond what's explicitly stated in the CoC - which is very carefully worded in the company's favor.

As far as suing as a stakeholder you'll get about nowhere with that as long as the financial performance is decent. (as in somewhere near the ballpark of their industry.)
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Old Nov 19, 07, 2:27 pm
  #14  
us2
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Originally Posted by Cargojon View Post
The result of a class action lawsuit would be:

An attorney makes a $5 million fee

All US DM members get a $5 coupon and a free drink.

Class action lawsuits are the biggest waste of time in the history of the world.
Originally Posted by McFlyPHL View Post
Any type of lawsuit on these grounds would result in one thing - summary judgement in favor of the defendant.

They're not obligated to make you a happy or productive customer, or to do anything beyond what's explicitly stated in the CoC - which is very carefully worded in the company's favor.

As far as suing as a stakeholder you'll get about nowhere with that as long as the financial performance is decent. (as in somewhere near the ballpark of their industry.)
As an attorney, a $5 million fee sounds pretty good.

However, the second poster is probably right in that the CoC is strongly worded in US' favor. However, if one could show, for instance, that the company was unjustifiably blaming "weather" for factors within its control, then you might have something. Nonetheless, it seems to me that the best and most effective approach to poor service is to stop giving them your business.
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Old Nov 19, 07, 6:28 pm
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Originally Posted by us2 View Post
As an attorney, a $5 million fee sounds pretty good.

However, the second poster is probably right in that the CoC is strongly worded in US' favor. However, if one could show, for instance, that the company was unjustifiably blaming "weather" for factors within its control, then you might have something. Nonetheless, it seems to me that the best and most effective approach to poor service is to stop giving them your business.
Even if they blamed weather, the CoC uses language like "best effort" to get you to your destination and pretty clearly establishes your right to diddly squat if you get there within 24 hours of original schedule. I'd think the only damages you could get would be the value of denied hotel/meal vouchers plus a punitive award that would almost undoubtedly be reduced into oblivion on appeal.

I guess one could say that Tempe knows the cost AND the value of good legal representation!
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