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A Georgia federal judge has dismissed a class action lawsuit against Delta Air Lines over how it calculates miles for its frequent flyer program, saying that Delta’s rules are clear about its method in its contract — that it calculates miles based on the geographic distance between the cities, not the miles actually flown.
U.S. District Judge Thomas W. Thrash, Jr. explained in his Jan. 9 order that if the language in the contract is unclear and unambiguous that is one thing, but if it is clear, then it answers the question, which he argues it does.
“‘On nonstop and direct flights, mileage credited will be calculated based upon the distance from origin to final destination, regardless of the number of stops,” Delta explains in its SkyMiles Program Rules and Conditions.
The class action lawsuit was filed by Wynette Kwok, who is a member of Delta Air Lines frequent flyer program, Delta SkyMiles. Kwok took issue with how Delta calculates its frequent flyer miles. For example, she flew Delta from LAX in Los Angeles, California to JFK Airport in New York, New York and back and was awarded miles based on the distance between the two airports, which is 2,475 miles — not the distance actually flown, which in one case was 2,651 miles and in the other case was 2,802 miles.
“The plaintiff claims that she is entitled to the difference between the miles actually flown and the miles she was awarded,” Thrash explained.
Kwok argued that the language in the contract referred “to the distance of the actual route traveled.” Delta argued that the contract “refers to the geographic distance between the origin and the destination.”
The plaintiff argued that the language wasn’t clear based on how ‘distance’ is interpreted. She said that “‘the meaning of ‘distance’ must be construed in the context of travel along a route.”
However, the judge said that at the end of the day, Delta’s reading “controls,” even if the airline’s reading was ambiguous. That being said, Thrash wrote that Delta still held the more reasonable position.
When the contract states that miles “‘will be calculated based upon the distance from origin to final destination regardless of the number of stops,'” the judge explained. “This indicates that the calculation will not factor in additional miles flown as a result of, say, an emergency stop to refuel.”
By comparison, Kwok argued that the “regardless of the number of stops” language is there because that paragraph is in reference to non-stop flights.
“This is patently incorrect,” the judge said. “Not only would that reading render the clause superfluous, it does not comport with its clear language which refers to any stop, not just planned stops.”
And if the plaintiff’s reading were accurate, it “would result in additional miles awarded for many unplanned contingencies.”
This would create a complicating situation for airlines, the judge wrote. He explained that it is not uncommon for airplanes to have to fly around in holding patterns before landing or be diverted if there are weather problems, but if Kwok defined the program according to her interpretation, “SkyMiles members should receive a windfall of award miles for [these] maneuver[s].”
The way Delta calculates the miles “results in the award of a fixed, predictable number of miles for any given trip.”
In addition, Kwok argued that “ambiguous contracts must be construed against the drafter,” but Thrash explained that not only is the contract not ambiguous, but that “other parts of the contract clarify its meaning.”
She also claimed that she had “two pieces of extrinsic evidence” that supported her interpretation of the contract.” However, the judge said that since Delta’s contract and wording are not ambiguous, it is not necessary to consider outside evidence.
For these reasons, Thrash granted Delta’s motion to dismiss the proposed class action lawsuit.
The plaintiff is represented by David A. Bain of Law Offices of David A. Bain LLC and Lei Mei and Reece Nienstadt of Mei & Mark LLP.
The Delta SkyMiles Class Action Lawsuit is Wynette Kwok v. Delta Air Lines Inc., Case No. 1:13-cv-01713, in the U.S. District Court for the Northern District of Georgia.
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One thought on Delta Escapes SkyMiles Class Action Lawsuit
How can sky miles , (miles flown), be based on the dollar amount paid for the airfare? The distance between point A and Point B are determined by the amount you pay for your ticket? Bologna. Corporate Lawyer B.S.