United Airlines Class Action Alleges Unfair Flight Cancelations

A recent United Airlines class action lawsuit claims that passengers are being denied refunds for flights canceled due to the coronavirus pandemic.

The three plaintiffs in the case claim that after their international flights were cancelled, and United Airlines intentionally tried to avoid refunding the cost of their flights. The United class action claims the plaintiffs were owed full refunds from the airline based on the company’s own contracts.

In January, plaintiffs Pamela Utley, Andrea Utley, and Alexandra Schrock reportedly scheduled an international flight from Ohio to Paris. The women allegedly paid more than $12,000 for their flight which was scheduled to depart on May 3 and return on May 16.

Unfortunately, due to the global coronavirus pandemic, United Airlines cancelled the plaintiffs’ flights. However, despite the fact that the flight cancellation was beyond the plaintiffs’ control, the airline reportedly refuses to refund their flight costs.

Were you denied a refund by United Airlines or another company due to coronavirus cancellations? Get legal help by clicking here.

The United Airlines class action lawsuit notes that there have been numerous state and national measures which prohibit or recommend against international travel.

After the World Health Organization (WHO) classified the coronavirus outbreak as a pandemic in March, President Trump declared a national emergency. Later that month, the State Department issued a Global Level 4 Health Advisory encouraging Americans not to travel. On a state level, all but 9 states have issued shelter in place orders – requiring citizens to stay home and leave only for essential trips such as grocery shopping.

Based on these measures, the plaintiffs argue that the canceled trips were beyond their control. By failing to provide a refund, United Airlines is allegedly penalizing consumers for following safe travel practices.

The plaintiffs also reference an April notice from the U.S. Department of Transportation (DOT) which advises airlines to provide refunds to consumers whose flights were cancelled or changed significantly due to the coronavirus outbreak.

“In many of these cases, the passengers stated that the carrier informed them that they would receive vouchers or credits for future travel,” the DOT’s enforcement notice states.

“But many airlines are dramatically reducing their travel schedules in the wake of the COVID-19 public health emergency. As a result, passengers are left with cancelled or significantly delayed flights and vouchers and credits for future travel that are not readily usable.”

Despite countless authorities recommending that travel be stopped and the DOT recommending that flight passengers receive refunds for cancelled flights, United Airlines reportedly continues to deny refunds for consumers.

Additionally, the airline has allegedly “engaged in an intentional scheme to confuse customers related to its refund policy – which so far has not resulted in the required immediate refunds.”

The plaintiffs note that, before the global pandemic, United Airlines passengers were entitled to a full refund if the airlines changed a flight time by more than two hours.

However, in early March after the WHO released information about the coronavirus, United Airlines allegedly altered its policies to protect themselves.

First, the airline changed their policy so that refunds would only be given if flight times were changed by at least 25 hours. Next, the company reportedly changed their policies once again, stating that United Airlines passengers would only receive refunds if “departure or arrival time significantly changes.”

Finally, in the middle of March, United Airlines allegedly made one more change to their policies. Under this change, passengers are not eligible for refunds and will instead be given “credits.” These credits are reportedly good for only one year after the original date of purchase. After this time, a refund “may” be issued.

The United Airlines class action lawsuit argues that the company is in violation of their own contractual terms by denying refunds to consumers. The plaintiffs seek “full and immediate” refunds of their flight costs.

In their United Airlines class action, the plaintiffs aim to represent a Class of consumers who purchased tickets from United since Jan. 1, 2020, whose flights were cancelled (voluntarily or involuntarily by United) due to the COVID-19 pandemic, and who are owed a refund.

This is not the first time that United has faced a class action due to their refusal to provide refunds. A Minnesota police officer recently filed a United Airlines class action lawsuit, alleging that he and other consumers were denied refunds for their cancelled flights. Instead, he was reportedly given only one year to reschedule his flight.

Plaintiffs and the proposed Class are represented by Thomas J. Connick of Connick Law LLC.

The United Airlines Refund Class Action Lawsuit is Utley, et al. v. United Airlines Holdings Inc., et al., Case No. 1:20-cv-00756-SO, in the U.S. District Court for the Northern District of Ohio.

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