United Airlines asked a federal judge Monday to dismiss a lawsuit alleging it charged passengers extra for “window seats” that did not actually have windows.
In August, passengers filed class-action lawsuits against United and Delta after some seats on Boeing 737, 757, and Airbus A321 planes labeled as “window” had no actual windows, a detail, they claim, was not disclosed during booking.
Attorney Carter Greenbaum, representing plaintiffs against United and Delta, told Reuters that United's position was "contrary to the reasonable expectations of countless passengers who unknowingly paid extra money for windowless window seats. Consumers deserve better than empty promises and United's word games."
However, in a Monday filing in San Francisco federal court, United argued that it never contractually guaranteed that “window” seats would provide a view, despite labeling them as such on booking screens and boarding passes.
"The word 'window' identifies the position of the seat—i.e., next to the wall of the main body of the aircraft," United said, according to Reuters. "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."
Chicago-based United said that courts have repeatedly found federal law largely bars passengers from filing lawsuits over airline fees and surcharges, including those for more desirable seats, as they are part of ancillary revenue that helps airlines keep base fares lower.
Greenbaum also represents Delta passengers in a similar lawsuit filed in federal court in Brooklyn, New York.
Plaintiffs say passengers buy window seats for comfort, light, or views, and would have chosen other seats or avoided the extra cost if they knew United and Delta would place them next to blank walls.
Both lawsuits seek millions in damages on behalf of over 1 million passengers per airline.
The Independent has contacted representatives for United and Delta for comment.
