Michael A. Kakuk  |  September 12, 2016

Category: Consumer News

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united-airlinesA 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.

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13 thoughts onUnited Airlines Class Action Goes After Cancellation and Change Fees

  1. Susan Young says:

    Please add me to the lawsuit. I was charged $200 to change my dates. I have all the necessary information because I am a United Airlines Mileage Plus member
    Thank You,
    Sincerely,
    Susan Young

  2. Yelena Milan says:

    Yes, must file lawsuit
    I bought tickets and my seat wasn’t available instead they have new name for overbooking now they call it “weight restrictions “ and while My bag was forced to be checked (tiny less then just few lb) I was not allowed on flight. I lost a whole day of my vacation and BS I need cash, for my time worth money!not flight voucher I am never flying United ever again EVER!!!!!!

  3. Andrew Klages says:

    I wanted to fly the second leg of an upcoming round trip ticket between Newark, NJ and Phoenix, AZ and simply re-book the first half but was told that if I don’t fly the first half of the trip I forfeit my entire ticket unless I pay 250/person to “change” the flight and book the new one way ticket directly through United. The trip won’t happen for another 3 weeks (as of today 9/1/17)… This is fraud. United is going to fill those seats when I cancel this afternoon. As it turns out, the two one-way tickets actually sell for less than I paid for the exact same flights coupled in a round trip fare. In other words, the airline justification that I got a “discount” by buying both flights at once is utter nonsense, they actually charged me more to book both flights together! Any other business operating in this manner would be shut down and the principals would go to jail.

    I had to completely forfeit my round trip tickets for both my wife and I at a cost of nearly 700 dollars, then re-book the entire itinerary at a cost of nearly 500 dollars using the exact same FLIGHT. After United collects fees, taxes, nonrefundables, etc I get a pittance of a travel voucher for maybe ~100 dollars combined. They keep everything else and fill the seat with a customer two weeks prior to the flight at an even higher rate.

    Here’s the same concept applied to a different business. I walk into a big box store and buy a TV for 700 dollars. Unfortunately when I get home I find out that the TV doesn’t fit in my bedroom so I go back to the big box store and they inform me that I can get a refund but the restocking fee is 600 dollars. So I say “okay no problem I’ll keep the TV for my living room and purchase a smaller one for my bedroom”. To which the big box store says “no, if you do that then as soon as you turn on that smaller TV in your bedroom it will automatically permanently disable the 700 dollar TV we sold you originally. Furthermore, you can’t let anyone else use that 700 dollar TV once it’s forfeited in favor of the smaller one but if you bring it back to the store and collect your 100 dollar store credit refund after the 600 dollar restocking fee, we will enable it again and sell it to another customer on Superbowl Sunday for 1200 when TVs are in high demand.”

    1. Chris says:

      Same thing just happened to me. I wanted to cancel the first leg of my outbound trip and keep both the second leg and return flights. I haf to pay $204 to keep the tickets I already paid for.

      I gave them an opportunity to resell the first leg by notifying them. Whether the first leg is resold or not is irrelevant. I paid for it and did not request a refund or credit. I simply wanted to keep the rest of the tickets I already paid for.

      I spoke with the service team in Manila 3x. When I requested a supervisor, I was disconnected during the transfer process 2x.

      I asked to speak with someone who has the authority to waive a change fee. I was told nobody at United has the authority to waive a fee. That is a lie.

      Their policy is predatory and fraud. Either pay the fees or forfeit the money you already paid. Unethical!

  4. Davis says:

    Add me to this lawsuit

  5. Dianna B says:

    Please add me to this lawsuit.

  6. Brad Ellish says:

    I am completely frustrated with these airlines, falsely stated excuses and problems flying. If a class action lawsuit is ineffective, I will use my corporate legal counsel to file a summons and Complaint against united Airlines.

    I have been stuck in jfk all day long starting 6pm on 7/11/2017 through 7/12/2017 at the current time of 7:30am the following day. my fiance and I had boarded flight UA 00930 at 6:15 on 7/11/17, we pushed back from the gate and sat on the runway for 8 hours. we then immediately returned to the gate at 3am. were told that no hotel would be provided, nor would transportation to the closest hotel with vacancies. I had to pay out of pocket over $520.00 because the airline would not provide frew food vouchers, and free lodging while claiming mechanical engineering issues with their airplane. I am now back in the airport to try a second time to depart from jfk to sju while I am requesting full compensation for my first flight which was as of now 1 day late.

    I suggest having a firm contact me directly at my number below as I will be filing a summons and Complaint myself or if these notes hold true for others that the firms monitoring the website please advise of a mass tort case opportunity.
    Regards
    Brad

  7. Jullia Davis says:

    They did the same to me costing me $180 just to change my flight do to winter storm advisory in which they had already canceled my flight when I received the notification and when I called to book an earlier flight that’s when they stuck me with the charge AND another $50 for the rebooking plus I had to pay for seat upgrades AGAIN on the new flight. Not to mention when I received my luggage, my bag was ripped open with ALL my belongings hanging out and some missing. I was already upset because I had just buried my brother in law but to see his obituary hanging out of my bag along with all my other personals sent me to tears. They told me I could file a claim but I had to give them my torn luggage which would’ve left me literally carrying my things in my hands. I asked them what I was supposed to put my things in. They gave me a bag and said take this one for now and we’ll replace your other one. THAT WAS A LIE! I was later told that they don’t replace damaged luggage except with what they give the customer at the time and that’s it…. I asked what about my missing items. They gave me the run around and needless to say I still to this day have not been compensated for my lost and/or damaged items.

  8. Chris Bell says:

    same here purchased a ticket, canceled it, paid the $300 cancellation fee,
    upgraded my ticket to first class, then canceled the upgrade and flight all together within 72h of their cancellation policy;
    $2400 of my upgrade were never returned to my account to this day!
    when i checked months after i was told my credit is not even showing in my account and i have to take it up with their accounting and refund department;
    which quell surprise what you know are only available via email!
    after contacting and waiting forever for them to get back with me when suited them!
    i was nicely told i cannot have my money back; the best they can do is maybe give me a $200 certificate,
    that’s after i flown with them one way to my destination; upgraded my return to first class!
    this was after i changed my return ticket 4 times already; and paid full cancellation fee for each time i canceled and rescheduled! yet i am not entitled to have my money back for the upgrade portion which was canceled within their policy time frame,
    and this comes on the back of their staff violating their own clients right which made the news,
    these bully companies policy needs to stop!

  9. Israel Robbins says:

    I purchased a flight from Norfolk Va to Newark NJ which was a round trip ticket. I cancelled and was given a credit of my purchase amount of $296.20 to use within one year. When I called to use my credit they want me to pay an additional $200 for changes and additional $50 fine plus other fees totaling $272.20 which would make my total cost for the same ticket that I already paid for around $584.40. “This is redicoulus how United Airlines continues to rob us consumers.” If you can help please do so. I have a family to take care of and I can’t give away any money like this to these crooks.
    Sincerely,
    Israel Robbins

  10. Elaine says:

    I have been arguing and frustrated with United airlines about getting my $600.00 refund ticket back or a use another ticket. My husband and I took a flight from SMF to Canada and we tried to get back to the states but we had to pay a extra $2000.00 out of pocket to return to California , Why because United said they couldn’t get us back to the states so my husband can see his doctors. I explained I needed to get back to my husband doctors in the States. Once we returned we were told we could get a refund and or another flight because United could not accommodate us a rebooked flight. I have been trying to get my ticket to go to another place in the United States because being in another Country will not work for my husband since he had 3 massive heart attacks in the pass. United has given us the run around. Now that time is running out as of February 14, 2017 to use these tickets . United say we have to fly from San Franciso not from even where the first origination of flight was from.
    to catch another plane, Plus we would only be able to buy 4 one way tickets. Which today they say will cost us over $4000.00 to fly to Miami if we wanted to go. I ask for my refund and they said no because there is no refund. I would have to buy only 1 way tickets because we used the one way ticket from Canada to get husband home to our doctors. We have doctor notes to back this up.
    I believe United does this to many people and the customer just gives up. I am so tired of all the hoops and terrible bad business practice of United Airlines policies. I have all documentation and refund codes but they won’t help us. Any help out there for our family? This is a breach of Contract or maybe a class action suit. Please help us..

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