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Brad Matthews


NextImg:Delta, United sued for selling windowless ‘window’ seats

Passengers filed lawsuits against Delta Air Lines and United Airlines recently, contending that the companies sold them window seats that did not have windows.

The cases against the two airlines, both filed this week, are separate.

Plaintiffs Marc Brenman and Akiva Copaken filed suit against United Airlines in the U.S. District Court for the Northern District of California while plaintiff Nicholas Meyer filed suit against Delta in the U.S. District Court for the Eastern District of New York.



Both suits were filed by New York law firm Greenbaum Olbrantz LLP.

The firm said on its website that “on certain models of aircraft — such as the Boeing 737 and Airbus A321 — specific seats that would typically have a window instead have a wall. Despite knowing this, certain major airlines continue to specially advertise and sell these seats as ’window’ options, without disclosing the absence of a window, and sell them for the same price as true ’window’ seats.”

Greenbaum Olbrantz said that it is investigating whether the lack of disclosure regarding the windowless seats and charging full price for those seats is a breach of obligations to consumers, false advertising or unjust enrichment under the law.

Mr. Brenman and Ms. Copaken said in their suit that while some competing airlines disclose when a “window” seat has no window, United does not.

Both plaintiffs said in the class action complaint that United offered some compensation after flights where they purportedly sat in “window” seats without windows, refunding fees and, in Mr. Brenman’s case, offering airline miles.

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Ms. Copaken alleged in the complaint that United only gave her refunds after news of her impending lawsuit became public.

Mr. Brenman and Ms. Copaken want further monetary compensation from United and an injunction forcing the air carrier to “provide clear and conspicuous disclosures regarding the true nature of the allegedly ’windowless’ window seats that they sell.”

Similarly, Mr. Meyer contends in his class action lawsuit that he selected a window seat for a Delta flight he took Saturday, only to find once he was on the plane that the seat was next to a blank wall, according to his complaint.

Mr. Meyer seeks relief for himself and other people covered under the class action suit.

Neither air carrier has publicly commented on the lawsuits. ABC’s “Good Morning America” said that both airlines declined to comment.

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• Brad Matthews can be reached at bmatthews@washingtontimes.com.