United Airlines Files Bid to Dismiss In-Flight Wi-Fi Class Action

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On May 1, United Airlines Inc. filed a motion to dismiss a proposed class action lawsuit lodged against the airline company for allegedly tricking consumers into buying in-flight DirecTV and Wi-Fi services that are inoperable during international flights. According to the airline’s motion filed in New Jersey federal court, they argue that the company had made it clear to airline passengers that the services were only available within the continental U.S.

According to United, the “Plaintiff’s entire complaint is based on a false premise.”

The motion to dismiss the United class action lawsuit argues plaintiff Cary David wrongly asserted that the airline failed to disclose to consumers that the Wi-Fi and DirecTV services were limited to flights within the U.S. United further claims the plaintiff only quoted selected passages from the in-flight Wi-Fi advertisement available to consumers from their seatback monitors.

Based on this argument, United has asked the court to dismiss the United in-flight Wi-Fi class action lawsuit.

United’s motion to dismiss the in-flight Wi-Fi class action lawsuit against then claims:

“Those[Wi-Fi service] offers, which control over Plaintiff’s inconsistent allegations, demonstrate that Plaintiff’s claims are fatally deficient and must be dismissed. Specifically, United tells its on-board passengers before they confirm their purchase that ‘Live DIRECTV programming is not available while the aircraft is outside of the continental United States’ and that ‘Wi-Fi service is available over the continental U.S.’ Plaintiff cannot avoid dismissal of her claims by failing to attach or quote in full these dispositive documents.”

Since United allegedly made the limits of the DirecTV and Wi-Fi services clear to consumers, David has not actually alleged a plausible claim under New Jersey law, the airline contends. Furthermore, United argues that state law claims are barred by the Airline Deregulation Act, which bans state law claims over such things like airline company’s rates, routes, and other services. According to United, their in-flight Wi-Fi and DirecTV entertainment fall with the ADA’s definition of an airline service.

The airline company claims the plaintiff attempted to portray one of her in-flight Wi-Fi class action lawsuit claims as an alleged breach of contract, in order to qualify her case as an ADA exception, as certain contract issues are allowed under the statute. However, United argues that this exception does not apply to David’s in-flight Wi-Fi claims, because she is allegedly attempting to “invalidate, rather than enforce, the airline’s self-imposed obligation,” according to the defendant’s motion to dismiss the United in-flight Wi-Fi class action lawsuit.

The plaintiff originally filed her United class action lawsuit back in March of this year, claiming she was only able to use the Wi-Fi services she purchased during her United flight to Puerto Rico for about 10 minutes of her four hour trip. David claims in this in-flight Wi-Fi class action lawsuit that the airline purposefully deceives international flight consumers into purchasing in-flight Wi-Fi and DirecTV services that cannot be used.

The plaintiff alleges that the United website does explicitly state that these in-flight services are only available within the U.S, but that these same services limits are not properly or clearly disclosed on-board United flights.

David is represented by Mark C. Gardy, Jennifer Sarnelli and Orin Kurtz of Gardy & Notis LLP and David L. Eisbrouch of Eisbrouch Marsh LLC.

The United In-Flight Wi-Fi Class Action Lawsuit is Cary M. David, et al. v. United Continental Holdings Inc., et al., Case No. 2:15-cv-01926, in the U.S. District Court for the District of New Jersey.

UPDATE: The United Airlines class action lawsuit was dismissed on Nov. 24, 2015.