United Airlines must face a class action lawsuit from passengers who paid extra for window seats and found no window at their assigned seat, after a federal judge on Monday rejected the airline's bid to dismiss the case.
Central to the ruling was U.S. District Judge James Donato's rejection of United's position that "window" was purely a locational descriptor within the cabin, carrying no obligation to furnish passengers with an actual view to the outside. Donato pointed to United's own ticketing materials — including boarding passes and reservation screens — as explicit commitments that paying customers would receive window seats. "No more is needed at this stage for the breach claims to go forward," Judge Donato said.
Judge Donato also rejected United's argument that federal law preempted the passengers' claims.
The lawsuit, which covers more than one million passengers, seeks millions of dollars in damages. Plaintiffs contend that United charged premium prices for window seats positioned against blank walls and failed to disclose the missing windows during the booking process. Among the reasons plaintiffs gave for seeking window seats were anxiety about flying, susceptibility to motion sickness, the desire to keep young travelers entertained, and an interest in natural light or the scenery outside.
According to Simple Flying, the absence of a window beside a designated window seat can result from the fuselage's fixed structural layout, which sometimes places load-bearing elements or systems like air conditioning risers at points that interrupt the expected window pattern. The affected aircraft include the Boeing $BA 737, Boeing 757, and Airbus A321.
The airline, headquartered in Chicago, would not comment on the pending litigation, though it acknowledged having "added more detail to our seat selection process, so customers can have more information about what to expect when they choose a seat."
A comparable proposed class action targeting Delta Air Lines — covering a passenger pool also exceeding one million and pursuing a damages award in the millions — remains before a federal court in Brooklyn, New York, where Delta continues to fight for dismissal.