NEED TO KNOW
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United Airlines is arguing the word “window” refers to the location of a seat and not any potential views from it
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On Monday, Nov. 10, attorneys for the airline filed a motion to dismiss a passengers’ lawsuit that took aim at the company for selling windowless “window seats”
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Two similar complaints were filed against both United and Delta Air Lines in California and New York in August
United Airlines has asked a federal judge to dismiss a proposed class action lawsuit arguing passengers were unfairly charged for “window seats” without actual windows. Instead, the airline is arguing “window” refers to the position of the seat and not any potential views from it.
“The use of the word ‘window’ in reference to a particular seat cannot reasonably be interpreted as a promise that the seat will have an exterior window view,” attorneys for United argue in their motion to dismiss, filed in a San Francisco federal court on Monday, Nov. 10.
They add: “Rather, the word ‘window’ identifies the position of the seat — i.e., next to the wall of the main body of the aircraft.”
Nicolas Economou/NurPhoto via Getty
A United Airlines plane
Back in August, two similar complaints were filed against both United and Delta Air Lines in California and New York federal courts, respectively. Both lawsuits allege the airlines didn’t warn passengers that their seats actually lacked the titular windows.
However, United argues that their contract of carriage, which passengers agree to when purchasing a ticket, “does not contain any promise that seats in the window position of any aircraft will have exterior window views.”
The motion to dismiss also cited federal law that generally prohibits passengers from pursuing breach of contract claims regarding airline fees and surcharges, including the cost of more desirable seats.
“When passengers book and pay more for a window seat, they expect their seat to have a window,” Carter Greenbaum, the attorney representing the plaintiffs in both complaints, shared in an email statement with PEOPLE. “Customers deserve more than empty promises and United’s word games.”
He adds: “As airlines have begun charging for services that were once free, passengers should at least expect upfront disclosure of the fees and that if they pay an extra fee, they will get the product they paid for.”
An amended complaint filed against United on Oct. 15 argues most passengers are willing to pay extra for the window due to the comfort it provides.
“Many passengers have a fear of flying or experience anxiety, claustrophobia or motion sickness, and windows provide greater comfort in an otherwise distressing environment,” the complaint says. “Whatever the motivation for buying a window, had plaintiffs and the punitive class members known that they were buying windowless window seats, they would have not selected them at all, much less paid extra for them.”
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The complaint is suing United on four counts: breach of contract (“ticket breach”), breach of contract (“record of agreement breach”), breach of implied contract and promissory estoppel, the legal term for going back on a promise.
The plaintiffs are seeking an unspecified amount in damages to be determined at trial. A proposed trail date was set for June 7, 2027.
Neither United’s attorneys nor a representative for the airline immediately replied to PEOPLE’s request for comment. A Delta Air Lines spokesperson declined to comment, citing pending litigation.
Read the original article on People
