United Airlines Can’t Escape Silver Wings Discount Program Class Action

A federal judge has allowed a United Airlines Silver Wings class action lawsuit to continue, denying the defendant’s motion to dismiss.

In a January 3 order, U.S. District Judge Robert M. Dow, Jr. denied a motion for dismissal lodged by defendant United Airlines. Plaintiff Howard Neft claims defendant United Airlines has reneged on its obligations under the now-discontinued United Airlines Silver Wings program, a discount program for passengers age 55 and older.

In moving for dismissal, United Airlines argues that the terms in the United Airlines Silver Wings Plus Membership Policies allow the airline to change the terms of the United Airlines Silver Wings program at any time.

But Judge Dow determined that dismissal is not appropriate. He rejected United’s argument that the Membership Policies, with their terms favorable to the airline, are the sole relevant contractual terms at issue.

Judge Dow also dismissed Neft’s own motion to treat United Airline’s motion as a motion for summary judgment and to allow him to conduct discovery.

Through discovery, Neft hoped to get copies of the United Airlines Silver Wings documentation that he signed to join the program over 16 years ago. He argues that documentation, not the Membership Policies, provide the relevant contractual terms. Neft did not retain copies of that documentation when he joined the program.

Starting in 1986, United Airlines Silver Wings offered discounted fares for passengers age 55 and older and their traveling companions. The discounts resulted in lower, flat fares for travel between certain designated geographic destination zones.

Participants could purchase a lifetime membership in United Airlines Silver Wings for $225 or a two-year membership for $75. Neft says that by 2001, the airline had enrolled 750,000 members in Silver Wings, most of them lifetime members.

United terminated the program in 2007. Annual members were provided with notice of the termination and refunds for the unused portions of their memberships. Lifetime members got no notice or refund but were told they could continue to have access to the lower and fixed zone fares, Neft claims.

Neft, who paid $225 for a United Airlines Silver Wings lifetime membership in either 1999 or 2000, claims that he has been unable to purchase a zone fare ticket since 2013.

He says United Airlines agents know nothing about the program, and web searches for zone fares on the airline’s website return no results – even though the website represents that zoned fares are still available.

Other lifetime members of United Airlines Silver Wings have had similar problems purchasing zone fare tickets, Neft claims.

Neft’s United Airlines Silver Wings class action lawsuit raises a single count for breach of contract. He argues the airline has violated its contractual obligation by abandoning the Silver Wings program.

On behalf of himself and his proposed plaintiff Class, Neft seeks restitution of membership fees, plus court costs and attorneys’ fees.

He is represented by attorneys Anthony S. DiVincenzo and Robert J. Stein III of DiVincenzo Schoenfield Swartzman.

The United Airlines Silver Wings Breach of Contract Class Action Lawsuit is Howard S. Neft v. United Continental Holdings Inc., et al., Case No. 1:16-cv-00765, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On March 5, 2018, an Illinois federal judge granted summary judgment in favor of United Airlines, effectively putting an end to a class action lawsuit accusing the airline of breaching consumer contracts by failing to provide “Silver Wings” discount benefits to lifelong members of the program.