A federal judge in San Francisco has ordered United Airlines to proceed with a lawsuit accusing the carrier of selling window seats that lack actual windows, rejecting the airline's attempt to escape the case on technical grounds.
US District Judge James Donato ruled Monday that United's defense failed to hold up. The airline had argued that the term "window" merely indicated a seat's position relative to the cabin wall and aisle, not a promise of an actual view. Donato disagreed, finding that United's own ticketing terms, boarding passes, and reservation screens explicitly promise window seats to paying customers.
Passengers discovered the problem after boarding Boeing 737, Boeing 757, and Airbus A321 planes operated by United and Delta Air Lines in August. They found themselves seated next to blank walls where windows should have been. Aircraft operating components like air conditioning ducts sometimes occupy those spaces, eliminating the opening.
The suits argue that carriers failed to disclose this problem during booking. Plaintiffs typically purchase window seats for reasons ranging from easing flight anxiety and motion sickness to entertaining children or simply enjoying the view. The lawsuits now seek millions in damages on behalf of over 1 million passengers per airline.
United declined to comment on the ruling but noted it has "added more detail to our seat selection process, so customers can have more information about what to expect when they choose a seat." Delta, which faces a similar lawsuit in Brooklyn federal court, is still seeking dismissal of its case.
Judge Donato also rejected United's argument that federal aviation law preempts passenger claims. "No more is needed at this stage for the breach claims to go forward," he wrote in his decision to let the case proceed.
Author James Rodriguez: "Selling a window seat without a window is either a clever loophole or a scam, and Donato clearly wasn't buying United's semantics game."
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