Delta class action claims airline misrepresents environmental impact of business

Delta environment class action lawsuit overview: 

• Who: Mayanna Berrin filed a class action lawsuit against Delta Air Lines Inc. 
• Why: Berrin claims Delta misrepresents that its airline operations are “carbon neutral.” 
• Where: The class action lawsuit was filed in California federal court. 
• What are my options: Try Travala when booking air travel.

Delta Air Lines harms consumers by “grossly misrepresenting” the total environmental impact of its business operations, namely that the airline is “carbon neutral,” a new class action lawsuit alleges. 

Plaintiff Mayanna Berrin claims Delta is able to attain “underserved market share” and extract higher prices from consumers by allegedly misrepresenting  its total environmental impact via advertisements, corporate announcements, and promotional materials. 

Berrin argues Delta misrepresents that it is “carbon neutral” due to “carbon offsets” given to the airline by way of its participation in the voluntary carbon offset market, a “loose arrangement” of companies and non-governmental organizations that “facilitate investment in green projects such as renewable energy and prevention of deforestation.

Despite being in the carbon offset market, Berrin claims the operation of Delta’s commercial airlines’ “causes significant carbon dioxide (‘CO2’) to be released into the atmosphere,” making their representations of “carbon neutrality,” both false and misleading. 

“The operation of Defendant’s airline is not carbon neutral, and consumers would not have purchased tickets on Defendant’s flights, or paid substantially less for them, had they known the claim of carbon neutrality was false,” the Delta class action states. 

Berrin wants to represent a California class of individuals who have purchased a Delta Air Lines flight since March 6, 2020. 

Delta flights priced at a premium due to of environmental impact misrepresentations, says class action

Berrin argues that there is a “significant market premium” for “green services,” and “specifically services that do not contribute to climate change.” 

“Since March 2020, Plaintiff purchased Delta flights at a market premium due to her belief that by flying Delta she engaged in more ecologically conscious air travel and participated in a global transition away from carbon emissions,” the Delta class action states. 

Delta is accused of violating California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with an award of compensatory and statutory damages for herself and all class members. 

A separate class action lawsuit was filed against Delta last year by a consumer arguing the airline illegally wiretaps the electronic communications of its website visitors. 

Have you purchased a Delta flight in the state of California since March 6, 2020? Let us know in the comments! 

The plaintiff is represented by Jonathan Haderlein and Krikor Kouyoumdjian of Haderlein and Kouyoumdjian LLP, and L. David Russell of Russell Law, PC. 

The Delta environment class action lawsuit is Berrin, et al. v. Delta Air Lines Inc., Case No. 2:23-cv-04150, in the U.S. District Court for the Central District of California.

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