Delta wins lawsuit over rabbi's FFer account

Discussion in 'Delta Air Lines | SkyMiles' started by Wandering Aramean, Apr 2, 2014.  |  Print Topic

  1. Wandering Aramean
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    Wandering Aramean Gold Member

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    When a rabbi was tossed out of the Northwest WorldPerks program, allegedly for complaining too much he decided to fight back. He filed suit against the company and for the past 5+ years the case has worked its way through the US legal system. SCOTUS finally ruled on the case today. He lost unanimously.

    [​IMG]

    The court essentially ruled that the FF programs are covered by the Airline Deregulation Act meaning that state law won't be able to preempt them with breach of contract claims or similar.

    The justices did leave a small opening suggesting that as the programs become less and less tied to the airline operations and more about 3rd party partners that the ADA protection could go away. That would be an interesting shift, though I'm not sure how the interstate commerce clause would apply at that point.
     
  2. Counsellor
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    Counsellor Gold Member

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    This was a bad case on the facts. The Rabbi's complaining had to do with activities related directly to flights and airline operations related thereto, and accordingly to the subject matter of the ADA.

    I'll have to read the decision over carefully to see what "hints" might be included, but the fact situation seemed like "nothing new here" all along.
     
  3. Wandering Aramean
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    Wandering Aramean Gold Member

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    I identified a key excerpt in my blog post about it:
    Basically, if you never really are involved with the airline half of the program - and many members are finding themselves less and less so - then the ADA might not really apply.
     
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  4. bigx0

    bigx0 Gold Member

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    I didn't read the decision but a Bloomberg story (http://www.bloomberg.com/news/2014-04-02/airlines-backed-by-u-s-high-court-on-passengers-suits.html) quotes this nugget:

    “If an airline acquires a reputation for mistreating the participants in its frequent-flyer program (who are generally the airline’s most loyal and valuable customers), customers can avoid that program and may be able to enroll in a more favorable rival program,” Alito wrote.

    One way to interpret this is "Who cares what the contract says, if you don't like it, go elsewhere!".

    I agree it was a bad case, but neither the airline nor the consumer should have carte blanche to do whatever they wish.
     
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  5. gregm

    gregm Gold Member

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  6. Wandering Aramean
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    Wandering Aramean Gold Member

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    Yes, the same. Different threads because it focuses on DL and the miles/points community in general.

    As for the focus on his occupation, I think that there is a general consensus that the clergy (of any religion) is held to a different behavioral standard and that their actions reflect differently than those of the general public. maybe it shouldn't be that way, but it seems to me that it is. That's where I think it was relevant in this situation.
     
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  7. gregm

    gregm Gold Member

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    I was just curious. I just hope that the fact that they refer to his occupation often isn't an intent on making a generalization. (From one tribe member to another!)
     
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