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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 3591
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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A US airline has blocked my frequent flyer membership (22 years

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A US airline has blocked my frequent flyer membership (22 years lenght) arguing that I made dishonest use of that membership. I had -by then- 600.000 miles accumulated which means 10 international trips. Last August I received an unusual email from a Revenue Protection Analyst at the airline's Corporate Security Division. She informed me that -on her own- amazingly and unfairly had decided to blame me regarding some fraudulent bookings she had detected during her daily job. She also decided to suspend/block my account. I sent two letters to the airline's Chairman of the Board and got no response. I don't live in the US but I do have my family there, a bank account and US credit cards. Many thanks for your opinion. Alfredo
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. I have extensive consumer law experience and will use this to assist you with your issue today. I'm sorry to hear of this, as I know we all have those miles saved for a special trip. If she arbitrarily, without proof, blocked your account, that would be considered a breach of contract. When a party breaches a contract, they can be held liable for the amount of economic harm suffered as a result of such breach; so for example, the miles would either be reinstated, or the cost of the vested tickets would be awarded as damages. It is surprising that the board did not respond. You may want to find out what state they are headquartered in, and send a certified demand letter (asking for reinstatement and proper credit) to the individual who is authorized to accept service of process (if this is not indicated on their webpage, generally the secretary of state has this information). Meanwhile I want to check into a few things.

LegalGems :

There is no government agency that oversees this aspect of airlines unfortunately. However, you can report the incident to the attorney general in the state in which they are headquartered.

Customer:

Many thanks, XXXXX XXXXX I have rights to do so, not being a US citizen?

LegalGems :

Yes, citizenship is not a requirement for either filing a lawsuit or a complaint. I have a feeling though that when you contact someone higher up they will try to resolve this. Obviously you are a loyal customer so I would imagine they would not want to alienate you!

LegalGems :

In the meantime, you may want to contact the particular analyst and ask what proof she has to substantiate her claim.

Customer:

She said me by email that my accoutn was blocked for audit purposes but it was so since last starting August. The accoutn is still blocked and I can't access to it

LegalGems :

Do you have access to her email, or was that through a log in feature on their site, where you needed account access?

Customer:

yes I do have her email address

Customer:

in which terms should I address my questions to her?

LegalGems :

You can state that your account is still blocked, and you would like to know the basis- how did they conclude there was fraud? Here is a similar situation, but in that case he was apparently using fake names on an unlimited pass: http://www.huffingtonpost.com/2012/05/14/american-airlines-frequent-flier-has-unlimited-pass-revoked_n_1514219.html

Customer:

Ok finally before ending: who is such "individual who is authorized to accept service of process" could you give me an example?

LegalGems :

It's the registered agent. It can be the CEO or it can be another individual designated by the company. Service of process- that's what you serve on someone in a lawsuit. It is a good idea to address a letter to this person, because they will know who in the company is in the best position to handle it (versus just a clerk or low level manager)

Customer:

OK I will find out that person at the airline. Do you have any additional comment or suggestion?

LegalGems :

The one thing you may want to do is google the airline along with class action to see if there are any pending cases out there. I've been looking into airlines in general, and alot of issues are out there re: mileage programs (generally relating to miles not being credited).

Customer:

many thanks indeed. Good advice.

LegalGems :

You are welcome. And I hope it works out-that is a lot of trips!

Customer:

yes indeed and international ones!!!

Customer:

have a nice day!

LegalGems :

You too. Take care!

Customer:

you too!

LegalGems, Lawyer
Satisfied Customers: 3591
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi regarding my last chat with you, I would like to make new questions. However to properly do so, I should cut & paste or send you a doc file in which I have copied all the written info (emails and letters) sent/received to/from the Airline, aiming to know which would be my following steps according to your view/advise. Then first of all I would need to know if I can cut & paste almost three and a half (Letter format) pages at this site or should I send it you the word doc by any mean?.


 


Many thanks,


 


Alfredo


Expert:  LegalGems replied 1 year ago.
Hello again!

Unfortunately I am unable to review extensive documents because that is considered specific legal advice. If you would like to sum up the documents I can let you know what your options are. If that works for you, you can put To Legal Gems in front of the question and I will do my best to provide you with the info you need!

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