United and Delta airlines are facing a pair of lawsuits brought by passengers who said they paid extra for a window seat, only to find themselves sitting against a blank wall.
The proposed class action lawsuits were filed Tuesday against United in San Francisco, California, federal court and Delta in Brooklyn, New York, federal court. Both cases seek millions in damages for more than a million passengers.
The complaint claims that certain Boeing 737, Boeing 757 and Airbus A321 planes have blocked windows in some rows due to air conditioning ducts, electrical conduits, or other systems. However, while competitor airlines like American and Alaska Airlines flag these seat kinks during the booking process, Delta and United do not — even while charging tens or hundreds of dollars for them.
A windowless seat on board a Delta flight. (Greenbaum Olbrantz LLC)The 18-page complaint against Atlanta-based Delta cites posts on Reddit and other social media sites from passengers complaining about their windowless seat, and speaking out about being denied a refund.
“Delta! Can you please do a better job of noting when window seats don’t actually have a window? Some of us are nervous flyers and the window helps ease the anxiety. There is nothing worse than picking a window seat and arriving to no window,” one Redditor said in a post used as an exhibit in the lawsuit.
The plaintiffs, who are being represented by the law firm Greenbaum Olbrantz LLC, also list other reasons why some passengers will pay extra to book a window seat.
“Windows can captivate or distract an antsy child. Many people have a fear of flying, or get claustrophobic or motion sick on planes, and windows give them a greater level of comfort in an otherwise stressful environment. Others just want a burst of sunlight to brighten their days,” the lawsuits states. “Whatever the motive, had Plaintiff and the class members known they were choosing a windowless seat, they would not have selected it at all, much less paid more money for it.”
The lawsuit against Chicago-based United claims that this practice may violate consumer protection laws, as well as airline passenger rights and may constitute false advertising.
“Because United describes windowless seats as ‘window’ seats during the check-out process that generates the terms of the sale, and does so as well on the ticket itself and/or boarding pass, United expressly undertakes an obligation to provide such passengers with a window seat,” the plaintiffs write in their 23-page complaint.
Booking a window seat that doesn’t actually have a window on a United flight. (Greenbaum Olbrantz LLC)The United lawsuit also includes social media posts from travelers who reported paying extra for a window seat, only to realize it was windowless upon boarding. They also complained about United refusing to compensate them for the additional charge.
“We’re seeking to hold United and Delta accountable for an unfair and misleading business practice they could fix overnight,” said attorney Casey Olbrantz, in an emailed statement to NBC Bay Area.
United and Delta did not respond to NBC Bay Area’s request for comment.