Santa Clara, CA: United Airlines is facing an consumer fraud class action lawsuit alleging the airline canceled a discount program for senior citizens by eliminating the special fares. The lawsuit, filed by Howard S. Neft, states that United and United Continental Holdings Inc, broke the terms of their contract with its lifetime members of the Silver Wings programs by promising they could continue to book discounted fares after the program was halted in 2007, however, no discounted fares were made available and no refunds were offered.
"United is failing to provide the bargained-for benefits it offered to lifetime members when they enrolled in the program,"the lawsuit states.
According to the complaint, Heft demanded that UA return the one-time $225 fee he and others paid to join Silver Wings, which offered people age 55 and over access to along with hotel, car rental and cruise discounts. Zone fares are discounted flat flares for domestic and international travel offered by the Silver Wings program. When United canceled the program, it refunded the unused portion of dues for annual members, but told the lifetime members their benefits would continue.
Heft asserts that while the United website states that lifetime Silver Wings members who joined prior to September 2005 "still have access to special Zone Fares"and provides instructions on how to book them by phone or online, it is a ruse. He states that for at least the past two years he has been unable to book a Silver Wings zone fare with United, despite trying repeatedly to find flights covering numerous destinations and travel periods using the instructions provided. Further, he finds that when he as tried to book with United agents on the phone, they don't know anything about Silver Wings.
The only agent who had heard of the program, Heft states, "notified him that the program had been discontinued and that United' zone fares were no longer available."
The lawsuit states that other lifetime members have had similar difficulties in trying to book zone fare flights. "United has, for all intents and purposes, abandoned and terminated the program,"Heft states in his complaint.
Heft is seeking refunds for himself and all lifetime members, plus other unspecified fees and interest. He estimated that Silver Wings had at least 375,000 members in 2001, when the Chicago Tribune quoted a United executive saying most of the 750,000 people in Silver Wings were lifetime members.
Heft is represented by Robert J. Stein III of Alvarado Smith APC and Anthony S. DiVincenzo of Divincenzo Schoenfield Swartzman. The case is Howard S. Neft v. United Continental Holdings Inc., case number 1:16-cv-00765, in the U.S. District Court for the Northern District of Illinois.
