A class action against American Airlines alleges the company breached its contract with customers who canceled their flights, by not allowing them to fully redeem the cost of their tickets on other flights.
The complaint claims that some of the important terms of the agreement between customers and American Airlines are ambiguous, and others “are misleading, and perhaps, fraudulent.”
Finally, the class action asserts that some terms in American Airlines’ contracts are “unconscionable, repugnant, and contrary to the rules of law governing contracts in general.”
Plaintiffs Lynn and Judith Robinson say they purchased two tickets from American Airlines in February of 2016 to go round-trip from New York to Paris. The Robinsons state those tickets cost $2,700.32 in total, after paying several fees for federal transportation taxes, security fees, and facility charges. The Robinsons say they ended up canceling their trip based on terrorism concerns in Paris and Europe in general.
The complaint makes clear that the Robinsons are not disputing that their tickets were non-refundable, meaning that they could not get their money back. However, the Robinsons were issued “money-credits” by American Airlines that they thought they could use in the future on other flights.
However, when the Robinsons booked a second flight from Dallas to Honolulu they were allegedly charged a “ticket change” fee of $300 per ticket, which was deducted from their money-credits. The Robinsons were unable to make that flight, and canceled it as well.
In February of 2017, the Robinsons called American Airlines to again use their money-credits, and discovered that the credit was only good for one year. Mr. Robinson claims that he asked for an extension of time to use the credit, but was denied.
According to the class action, the Robinsons “knew and understood that their payment of money to AA was non-refundable.” However, the complaint goes on to state that the Robinsons “did not know, understand or knowingly agree their payment was forfeitable and confiscable by AA.” In short, the complaint asserts that “AA confiscated and is keeping the money they paid and will not provide them the transportation they paid for or anything else of equal value in return.”
The American Airlines unlawful contract class action lawsuit asserts that the company was unreasonable by applying a one-year limitation on the use of credit. In addition, the complaint contends that American Airlines’ practice of charging “change fees” is illegal, and that several terms in the company’s “Conditions of Carriage” (the contract) are ambiguous, misleading, and unenforceable.
The plaintiffs request certification of a Class of all persons in the U.S. and “around the world” who paid: (a) money to American Airlines for tickets, “but were never provided transportation and AA kept their money;” and (b) fees to American Airlines that the company either kept or submitted to government entities, but should not have since the tickets were never used. The class action seeks “actual, compensatory and punitive damages” for all potential Class Members.
The Robinsons are represented by Jeffrey Martin of Jeff Martin & Associates PC.
The American Airlines Unlawful Contract Class Action Lawsuit is Lynn Robinson, et al. v. American Airlines Inc. d/b/a American Airlines, Case No. 5:17-cv-00426, in the U.S. District Court for the Western District of Oklahoma.
Source: Topclassactions
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