We wrote about this case
nearly one year ago. As legacy United
Million Mile Flyers, the title United bestowed prior to its merger with Continental Airlines on those flying one million 'Butt-In-Seat' miles on United 'metal' (planes), we have followed the developments in this case, or lack thereof, with interest.
We did so because United changed and in some cases removed benefits that it had previously claimed would be our 'lifetime benefits.' In fact, in announcing the changes on
FlyerTalk, a company representative wrote
'Here are the new lifetime benefits...', which sounds a lot to us like 'Forget about our previous promises because we have some new promises to make to you.'
We were disappointed to learn that the presiding judge issued a
summary judgment in UA's favor yesterday.
For many years since deregulation, airlines have been
exempt from state laws, including
those covering false advertising.
As far as we can tell, the plaintiff's main argument in this case
didn't center on the statements UA made to us regarding 'lifetime benefits;' rather, the claim was that the 'Million Miler Program,' as the post-merger UA now describes it, was something of a separate program from the airline's mileage program and thus the terms and conditions that UA advertises as being final did not apply.
That argument failed and we infer from this that an airline can make virtually any claim, commitment, or promise to customers, yet change it at any time with impunity.
Gary Leff, one of the best known travel bloggers, wrote about the decision
as follows in his
View from the Wing blog:
United Lies to its Elites
United’s “My Fingers Were Crossed” Defense Succeeds in Court: The
lawsuit by United’s million milers over program changes has been
dismissed. There was not really a dispute that United devalued the
benefits offered to its million mile customers, even almost immediately
after they promised not to do so. But United hadn’t promised not to
break its promises, so its customers can’t sustain their suit.
Caveat Emptor, to say the least.