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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 57295
Experience:  Licensed attorney helping individuals and businesses.
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Recently I had to travel overseas and flew with an US airline.

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Recently I had to travel overseas and flew with an US airline. They canceled the flight and we had to re-book it. When I called customer service they told me that they had the next day a flight available at the same time. Due to the nature of my business travel it would've impacted negatively to arrive on that flight. I talked to the person in the call center and found a flight in a different airline and didn't have to pay extra. Good. Well, the issue is that the actual available tickets for that day were $1k+ cheaper for that airline. Here's what I wrote them:
"As you know (as well as I do) that even though every passenger gets to their destination at the same time the class of service might be different. This could be due to a variety of factors (including time of purchase, upgradability, etc) but I am sure you know more about this than I do. The thing is that when I saw this fare online the cost was around $1100 in contrast with the United one that was over $2100. When I purchase my original ticket the class service was “S” and I was rebooked (by United) in “Y”. Well, unfortunately (for me, I guess) “S” is “Discount Economy Class” and “Y” is “Full Fare Economy Class” (you probably know more about this than me). Of course it will be orders of magnitude more expensive. I really appreciate you guys looking to get me there somehow but I would like to think that you guys are also trying to help your customers with the most economical way of doing business. This is a partnership, between me, my coworkers and all your customers and United, I don't understand why you need to go higher on fare classes to “make up” with what I paid for. I don't understand how this decision was reached but I know that when I looked at that particular flight the cost was significantly less. With all due respect I do not think that is a good business practice. "

Today I received an email that they found that no refund was due. I was wondering if there is something I can do to make them realize that is not fair what they did and should not walk all over their customers

INFOLAWYER :

Hello and thank you for the question.

INFOLAWYER :

are you asking how best to pursue the refund?

Customer: Yes
INFOLAWYER :

If you paid them by credit card, you may contest it as a chargeback

INFOLAWYER :

You may also consider a complaint to management and the BBB

INFOLAWYER :

A third option would be a civil lawsuit for breach of contract

INFOLAWYER :

Practically, having a consumer protection lawyer represent you on contingency would be most efficient

INFOLAWYER :

I can suggest a directory

INFOLAWYER :

would you like that?

INFOLAWYER :

can I clarify anything else?

Customer:

please, I think it is a valid claim, do you think it is worth pursuing in a small claims court?

Customer:

how much do you think it will cost to have a lawyer?

INFOLAWYER :

It is valid on basis of breach of contract and misrepresentation

INFOLAWYER :

having a lawyer handle on commission or flat fee not to exceed 1/3 of the amount would be reasonable

INFOLAWYER :

for which martindale.com and findlaw.com are good resources

Customer:

so it will be a commission based

Customer:

that's good

INFOLAWYER :

small claims court may also be navigated without a lawyer as a secondary option thereby saving on fees.

INFOLAWYER :

It should be

INFOLAWYER :

not all lawyers will work that way

INFOLAWYER :

but you need one who will

INFOLAWYER :

to limit your downside

INFOLAWYER :

I trust the answer is acceptable

INFOLAWYER :

and would ask that you rate it as excellent

Customer:

yes, thank you very much

Infolawyer and 4 other Consumer Protection Law Specialists are ready to help you