Boycott USAIRWAYS Shopping Mall- LAWSUIT filed

Discussion in 'General Discussion | Miles/Points' started by FrenchFry, Oct 29, 2012.  |  Print Topic

  1. FrenchFry

    FrenchFry Silver Member

    Messages:
    37
    Likes Received:
    28
    Status Points:
    190
    I observed with great interest the USAIRWAYS fiasco last year and expressed my dismay here at the time.
    I am pleased to see that someone finally took legal action. The USAIRWAYS / FreeCause lying / cheating hopefully will soon come to an end when a jury sees this case. I would imagine that most members of a jury will recognize and greatly sympathize with the infestation of corporate/airline misdeads and customer abuse of reneging on clearly stated mileage offers and in case of other carriers, cancelation of tickets fully confirmed and properly paid for. I can only imagine the amount of scrambled eggs all over USAIRWAYS' face when they loose to the tune of tens of millions. Even their public filings with the SEC may need to be footnoted with this Material Event.

    USAIRWAYS the " UGLY SISTER" of the airline industry, as they have often have been referred to in public media, because of their aging aircraft and poor service, will have a nearly impossible time defending this one. Even marriage-hungry United Airlines could not see any good reason to merge with the airline spinkster.

    We should all join in and applaud the 26 people who decided that it was time to clean the dirty street of airline on-line marketing . Also those of us impacted should express our desire to have the suit expanded to that of Class Action status. I for one will closely follow InsideFlyer.com closely in the next few weeks and months.

    http://www.insideflyer.com/articles/article.php?key=8117

    Quote:

    Frequent Flyer Plaintiffs vs. US Airways, Hawaiian Airlines, EasyCGI and FreeCause, Inc.

    A lawsuit just starting to make progress toward a resolution for frequent flyers involves bonus miles promotions that appeared in June 2011. There are currently 26 Plaintiffs listed in the complaint that was filed last month, although the attorney for the Plaintiffs, Brian A. Rishwain of Los Angeles, says that a class action suit is not out of the question, "We don't have evidence that this occurred on some systematic basis other than with respect to these certain individuals," but he says, "I'm not saying that it couldn't turn into [a class action] to the extent that that's what the discovery or evidence proves..."

    One bonus promotion offered US Airways Dividend Miles members 4,757 miles for making one purchase with web hosting company EasyCGI through the Dividend Miles online shopping mall. The terms and conditions explicitly stated that there were no restrictions on the type of purchase made or the number of purchases eligible for the bonus with terms such as, "There are no restrictions at this time" listed under "Restrictions" and the Frequently Asked Questions stated, "Q. Is there a limit to the amount of miles I can earn? A. NO, you can earn as many miles as you like. There is no cap."

    A similar bonus promotion offered bonus miles for Hawaiian Airlines HawaiianMiles members. But as members jumped at the offer and made purchases, many noticed that their orders had been cancelled without notice and realized that they would not be getting the miles they were promised. The complaint sums it up like this, "Within a week after said purchases had been made, however, Defendants wrongfully and without good cause rejected all of Plaintiffs' purchases, as well as all of the bonus miles that were supposed to be awarded in connection therewith."

    From what members could ascertain, the companies making the offer simply decided to no longer offer the miles and even went so far as to not honor the purchases already made and cleared through credit cards.

    In the October 2011 InsideFlyer cover story, we went into detail about the way in which the companies involved in the offer chose to respond to the mishap. None of the companies involved, US Airways, Hawaiian Airlines, EasyCGI or FreeCause (what EasyCGI called an "independent third party" and is the company that operates the mileage malls for the two airlines), were willing to take responsibility for the mileage fiasco. In an email to an unhappy Dividend Miles member, EasyCGI explained, "Please note that this FreeCause offer was not made by EasyCGI. Nor was such offer authorized, approved of or participated in by EasyCGI. Please understand EasyCGI is not responsible for the actions or inactions of FreeCause." FreeCause also responded that they were not responsible.

    So what's a frequent flyer to do? The members involved were not only unhappy because they were promised miles for a purchase and then didn't get the miles, but also because of the way the promotion was handled--no explanation when the orders were cancelled, no apology for the lost miles and no one was even willing to take responsibility.

    The lawsuit's objective is to obtain the miles the Plaintiffs were seeking. As Rishwain said, "It's just that simple."

    The Plaintiffs will have to wait to see if the suit will result in a trial by jury, which could be years away, or if a resolution by settlement precludes a trial.

    Prediction

    Of the three we're writing about, this case clearly falls into the category requiring some legal action. The requirements for earning the miles were clearly posted and members of US Airways Dividend Miles and Hawaiian Airlines HawaiianMiles had everything they needed to make their purchasing decisions--except the knowledge that not a single entity in the role of responsibility would deliver the bonus miles--and then would try to summarily dismiss the members' purchase activity. It's inconceivable that of the companies involved in this (US Airways, Hawaiian Airlines, EasyCGI and FreeCause), not a single one of them seems to think they are responsible and have continued throughout the process to point their fingers elsewhere. It's very rare in frequent flyer programs that the butler did it, but in this case it appears he did. This might be a rare case where damages are inline with the actions of the Plaintiffs. But what do we know?

    It's very early on in the process but the attorney for the Plaintiffs says they have a strong case.
    UNQUOTE
     
    8MiHi and tomy77 like this.
  2. gleff
    Original Member

    gleff Co-founder

    Messages:
    3,616
    Likes Received:
    6,793
    Status Points:
    4,670
    Worth noting that Free Cause is no longer the vendor operating the US AIrways shopping portal.
     
    LETTERBOY and viguera like this.
  3. FrenchFry

    FrenchFry Silver Member

    Messages:
    37
    Likes Received:
    28
    Status Points:
    190
    No wonder they were fired. However, they were hired by USAIRWAYS and acted on their behalf, in their name and in concert with them. Does anyone know where the lawsuit was filed ?
     
  4. gleff
    Original Member

    gleff Co-founder

    Messages:
    3,616
    Likes Received:
    6,793
    Status Points:
    4,670
    Oh, I've written extensively on shopping malls, free cause (not to mention cartera commerce) and the easycgi thing.

    Eg http://boardingarea.com/blogs/viewf...r-the-biggest-mileage-bonanza-ever-gone-awry/

    I do think that something is due here. I had understood that a small settlement was being contemplated by US Airways a long time ago. You now report that an actual suit has finally..

    So at this point little to do than wait, it'll be interesting to learn the outcome (unless the outcome = settlement with non-disclosure in which case we learn nothing :( ).
     
    viguera likes this.
  5. daninstl

    daninstl Gold Member

    Messages:
    1,288
    Likes Received:
    1,677
    Status Points:
    1,120
    I think the British Airways shopping portal is much worse. Like blood from a turnip they are.
     
  6. LETTERBOY
    Original Member

    LETTERBOY Gold Member

    Messages:
    1,650
    Likes Received:
    2,522
    Status Points:
    1,425
    I've never had any problem getting miles from the BA shopping portal.
     
  7. gleff
    Original Member

    gleff Co-founder

    Messages:
    3,616
    Likes Received:
    6,793
    Status Points:
    4,670
  8. RonF
    Original Member

    RonF Silver Member

    Messages:
    36
    Likes Received:
    45
    Status Points:
    165
    I don't want to hijack the thread but I'm still fighting with USAirways over my signup bonus. My points never showed and when I called they said, "someone" downgraded my account to a non-fee card and the points were forfeited. I never requested such a thing. That was in June and still no points.
     
  9. HaveMilesWillTravel
    Original Member

    HaveMilesWillTravel Gold Member

    Messages:
    12,504
    Likes Received:
    20,197
    Status Points:
    16,520
    I find it rather interesting that the cited article in InsightFlyer does not mention who the first plaintiff on the list of 26 in this suit is:

    http://boardingarea.com/blogs/viewfromthewing/files/2012/10/MileageMallSuit.pdf

    suit.png


    I don't know who wrote the article, but to the best of my knowledge, the site that it appeared on, InsightFlyer, is part of the Frequent Flyer Services "empire" of sites and products. The CEO/President of that company, of course, is Randy Petersen, also the founder of this very site.
     
  10. Wandering Aramean
    Original Member

    Wandering Aramean Gold Member

    Messages:
    28,215
    Likes Received:
    61,742
    Status Points:
    20,020
    InsideFlyer, not InsightFliyer, but, yes, it is run by the same people.

    As for the claims in the OP that no one can justify what happened, I believe that to be untrue. Mostly because I believe that the 26 claimants have gone way beyond what is reasonable in their actions here. Being unhappy because you didn't get to use a mistake fare or ticket is one thing. Suing to compel performance is a VERY different thing. And given that some of the names have publicly claimed many times that suing over mistakes isn't the right way to play this game I'm more than a bit disappointed.

    I don't bother with the online malls for the most part because I know how they work and I know what a pain they are. It rarely is worth the stress to me to chase down a couple points here or there like that. But I'm certainly not going to boycott them because a small group of people decided they're entitled to 200mm miles due to someone else's mistake. I'm more inclined to boycott the entitled folk.
     
    horseguy, b8b, PanAm and 1 other person like this.
  11. PanAm
    Original Member

    PanAm Silver Member

    Messages:
    342
    Likes Received:
    465
    Status Points:
    545
    The InsideFlyer article should have had a disclosure statement since the author or at least the owner, is a party to the lawsuit.

    I think the malls are a scam and wish they would be held accountable for the everyday purchase bonuses that don't post properly, etc. But this suit is one of those "bad cases make for bad case law" things.

    And I agree the hypocrisy of some of the litigants who say not to sue, but then do just that when it involves themselves, is sad to see.
     
  12. b8b

    b8b Silver Member

    Messages:
    44
    Likes Received:
    58
    Status Points:
    215
    I concur. I couldn't help but look up to Randy until now.
     
    HaveMilesWillTravel likes this.
  13. sobore
    Original Member

    sobore Gold Member

    Messages:
    12,421
    Likes Received:
    33,847
    Status Points:
    16,520
    http://www.smartertravel.com/blogs/...million-frequent-flyer-miles.html?id=13061316

    Two-hundred million frequent flyer miles. Legitimately earned. Illegitimately withheld. Stolen!

    That at any rate is the crux of an October lawsuit filed by 26 frequent flyers against four companies: Hawaiian Airlines and US Airways, which operate online shopping malls that awarded miles in their respective loyalty programs; FreeCause, a company that provides the back-end shopping mall software for Hawaiian, MyPoints, AirMiles, and other companies; and EasyCGI, a Web-hosting company that promoted its services in the online malls of Hawaiian and US Airways.

    Read More: http://www.smartertravel.com/blogs/...million-frequent-flyer-miles.html?id=13061316
     
    uggboy likes this.
  14. rwoman
    Original Member

    rwoman Gold Member

    Messages:
    5,617
    Likes Received:
    13,489
    Status Points:
    11,070
  15. Wandering Aramean
    Original Member

    Wandering Aramean Gold Member

    Messages:
    28,215
    Likes Received:
    61,742
    Status Points:
    20,020
    While that is certainly one view, it is not the only view. ;)
     
    PanAm, newbluesea and FlyingBear like this.
  16. newbluesea
    Original Member

    newbluesea Gold Member

    Messages:
    2,676
    Likes Received:
    4,728
    Status Points:
    2,570
    Another view can be summed up in one word Greed... now ask me which one I agree with?:)
     
    Wandering Aramean, deant and PanAm like this.

Share This Page