United Airlines Class Action Goes After Cancellation and Change Fees

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A class action lawsuit filed against United Airlines alleges that the company’s rules and fees for changing airline tickets violate Oklahoma law.

Specifically, the complaint claims that United breached its contract with consumers by keeping the money paid for cancelled tickets, or for charging extra “change fees” of up to $200 and not crediting customers for all the money they spent.

Plaintiffs Francine and Jeff Martin state that they purchased roundtrip tickets from United Airlines to Newark for $433.20 each, which included $34.25 for Federal transportation tax, a $10  “9/11 security fee,” and a $15 “passenger facility charge.”

In addition, the Martins say they spent $283 to upgrade their seats on the flights to and from Newark. Separately, the Martins also had to cancel a more expensive flight to Puerto Rico, according to the complaint.

The Martins claim that they cancelled their tickets with enough time for United Airlines to fill those seats, and United did not turn any customers away from those flights, but the Martins were not provided a refund on their tickets.

Instead, the Martins state that they were provided “money-credits” by United Airlines, meaning that the cost of the flights could be applied to another flight, with some significant caveats.

First, the Martins would have to pay an additional “change fee” of between $150 and $200 for each “changed” ticket.

Second, the tickets would have to be used within one year.

And third, the tickets would have to be booked through United Airlines by telephone.

Jeff Martin says he was able to use his Newark ticket for another flight, but he had to pay $200 to receive a $433.20 credit for his other flight.

The Martins contend that the money they spent on seat upgrades was not returned or credited by the airline.

The United Airlines flight cancellation and change fees class action lawsuit asserts that the airline routinely keeps customers’ money from cancelled flights, and that “change fees” are highly profitable.

According to a Wall Street Journal article cited in the complaint, United and Delta airlines collected $1.1 billion in change fees in 2011.

The complaint argues that the exact amount of those change fees are never disclosed to potential customers in United Airlines’ terms and conditions, which it calls its “contract of carriage.”

Moreover, the complaint alleges that several terms in United’s contract of carriage are ambiguous and “unconscionable and repugnant.”

The Martins seek to represent all persons in the United States or other countries who paid money to United Airlines for: 1) tickets for United Airlines air travel, which was not provided and their money was not refunded; 2) better seats on a United Airlines flight which they never occupied and the money was never refunded; 3) “change fees” and “other charges not agreed upon;” and 4) taxes, 9/11 security fees, and passenger facility charges kept by United Airlines for those who were never transported.

The class action seeks damages, including punitive damages, for United Airlines’s breach of contract.

Plaintiff and attorney Jeff Martin is representing himself and Francine Martin.

The United Airlines Flight Cancellation and Change Fees Lawsuit is Francine Martin, et al. v. United Airlines Inc., Case No. CJ-2016-4125, in the U.S. District Court for Oklahoma County, State of Oklahoma.