California air passengers who paid for a window seat and found themselves facing a blank wall or part of a window have gone to court in a class action suit against United Airlines.
The issue results from changes in seat spacing and occasionally equipment issues that leave some ‘window’ seats misaligned with windows. This can result, for instance, from adding premium or extra-legroom seats further up the plane. It’s particularly an issue with some 737s, and especially with seat 11A, according to the View from the Wing website.
The practice is not limited to United, although the lawsuit is. United often ‘upsells’ window seats, without noting which ones really aren’t. If the suit is successful, it will certainly be followed by suits against other airlines. The class defined for the suit is California residents who have paid extra for these seats over the past few years; it excludes elite loyalty members who got the seats free.
The plaintiffs filed the suit under three California Laws covering False Advertising, Consumers’ Legal Remedies and Unfair Competition. By framing it as a case of product misrepresentation rather than as an airline service issue, they hope to have a better chance than in Federal procedures under the Airline Deregulation Act.
Photo: Duncan Kirk | https://www.flickr.com/photos/182528221@N07/
