Christina Spicer  |  May 27, 2015

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

United Airlines class action lawsuitLast week, the class action lawsuit alleging that United Airlines Inc. violated its “low fare guarantee” for customers purchasing tickets online was dismissed by a Texas federal judge.

Lead plaintiff, Scott Coulier, alleged in the class action lawsuit that if a customer was trying to buy several tickets at once online but there were fewer seats than the customer needed available at the cheapest price, United would sell all of the tickets at the next pricing tier, instead of letting users pick and choose from among the different tiers of tickets. In his class action lawsuit, Coulier alleged that he ended up paying more for multiple tickets at United.com because of United’s “low fare guarentee,” rather than purchasing cheaper tickets in separate transactions.

In his United Airlines class action lawsuit, Coulier alleged that United’s guarantee says that if customers can find lower fares for the same flight, itinerary and cabin after they buy a ticket through United.com, the company will refund the difference and hand out a $100 credit if the difference is $10 or more. He claimed that he bought three tickets from Peoria, Ill., to Orlando, Fla., for his family for $182 per seat as a group, but those seats could have been cheaper if he bought the tickets individually.

United followed the class action lawsuit with a motion to dismiss and U.S. District Court Judge Gray H. Miller granted that motion in an order issued last week. Judge Miller pointed out in his order that the low fare guarantee was not part of the “contract of carriage” the plaintiff entered into when he purchased the tickets. Instead, the “low fare guarantee” is considered an offer, not a warranty.

Judge Miller also determined that United’s low fare guarantee only applied to the purchase of a single ticket, and even if the offer was applied to a group purchase, the customer should file a claim with the airline, which the plaintiff failed to do before filing the class action lawsuit.

“Merely purchasing the tickets on United.com, as opposed to purchasing them elsewhere, is not an expenditure of enough time and money in performing this unilateral contract to constitute substantial performance, and it was not impossible to call United and try to make a claim,” pointed out the judge in his order.

Judge Miller dismissed the case with prejudice, meaning that without an appeal, the United Airlines class action lawsuit cannot be brought back by the plaintiff.

Coulier is represented by Jeffrey S. Edwards, Scott Medlock and Sean Flammer of TheEdwards Law Firm, Christopher P. Ridout and Caleb Marker of Ridout Lyon & Ottoson LLP and Hart L. Robinovitch of Zimmerman Reed PLLP. United is represented by Richard T. Stilwell of Baker & Hostetler LLP and Sondra A. Hemeryck and Tal C. Chaiken of Schiff Hardin LLP.

The United Airlines Low Fare Guarantee Class Action Lawsuit is Scott Coulier v. United Airlines Inc., Case No. 4:15-cv-00190, in the U.S. District Court for the Southern District of Texas.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.