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Frequent fliers can sue airlines (according to a University Of Miami study)

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photo by Tori Rector via Flickr

photo by Tori Rector via Flickr

It all sounds so wonderful, when you look through the list of perks in airline frequent-flier programs: free tickets, seat upgrades, gifts, club access — you name it. However, airline miles are getting harder and harder to use, and while some of us are savvy enough to take advantage, many travelers never end up cashing in “free” tickets they thought they earned.

Airlines consistently change their mileage programs, often with little or no notice, making members’ miles less and less valuable — in the last few months alone, Delta, United, British Airways and Southwest (twice!) have devalued their programs.

Now, the minds in the Law and Marketing departments at the University of Miami School of Business Administration, believe there may be grounds for a potentially strong case against airlines in court. Promises, it seems, do matter, and if airlines don’t deliver on them in a reasonable fashion, frequent fliers should be able to sue.

The crux of the case lies on whether frequent flier programs can be considered “contracts of adhesion,” more popularly known as “take-it-or-leave-it,” or in travel parlance, “my way or the highway.” Lawyers can argue that airlines illegally make redeeming miles nearly impossible, or difficult beyond reasonable expectations.

Ann Morales Olazábal, vice dean and professor, says in the report:

“Consumer suits — perhaps class actions — may indeed be successful. The Department of Transportation might do well to consider our findings as it considers new regulations that are more protective of the flying public and, in particular, frequent fliers’ rights.”

The report also asked 450 travelers about their expectations of award tickets, and found (surprise, surprise), that few were met. Numbers in the report singled out the worst of the major airlines (Delta at 27.1% in 2012) in redeeming miles for tickets, and the best (United at 80%).

Expect the airlines’ multimillion-dollar legal teams to disagree with gusto, and so to frequent fliers, we say, “Good Luck.”


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