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Posts Tagged ‘COMPLAINT LETTERS’

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KGB AIRWAYS: PART TWO (OF FOUR)

In Bureaucracy, Business, History, Law, Self-Help, Social commentary on June 8, 2016 at 12:14 am

The First Amendment of the American Constitution guarantees freedom of speech.

But some airline employees haven’t gotten the word.

Click here: 3 Easy Ways to Tell If a Business Puts Its Customers First – DailyFinance

Yes, what you say can get you thrown off an airplane–or worse. And it doesn’t have to be anything even remotely like a threat.

  • In May, 2011, a US Airways flight was due to depart San Francisco International Airport for Charlotte, North Carolina at 1:20 p.m. But due to bad weather, passengers boarded the plane after 2 p.m.

Once on the plane, a flight attendant told customers over the intercom to hurry up and put their carry-ons in bins so they could take off and make their connecting flight in Charlotte.

One of the passengers, Luke Hazlewood, turned to the person next to him and said it was the airline’s fault they were late, “so don’t get mad at us.”

The flight attendant rushed out of the galley demanding to know who had said that. Once she determined it was Hazlewood, she told him he would have to leave for being disruptive and a threat to the plane.

Sandra Kraus, a former flight attendant, came to Hazlewood’s defense–and the flight attendant told her to get off the plane as well.

Both passengers asked to speak with the captain but he refused to speak with them.

Kraus was put on another flight. Hazlewood and his accompanying girlfriend (who had left the plane with him) found that US Airways wouldn’t compensate them for a hotel room.

The airline refused to answer questions about the matter. Its written statement said “The passengers interfered with the flight crew and in the interest of safety they had to be removed.”

It’s a truism in both journalism and police work: When people refuse to answer questions, it’s nearly always because they know they have something to hide.

And the airline’s response came in the classic voice of the all-powerful dictator: “They refused to treat me like God and so they had to be eliminated.”

Business Insider ranked US Airways #6 on a list of Click here: The 19 Most Hated Companies In America – Business Insider

  • In December, 2011, three middle-aged women were thrown off an AirTran flight at Palm Beach International Airport after a steward began roughly handling the luggage of one of them.

Marilyn Miller, a lawyer, was buckled in for takeoff when the attendant mishandled her overhead luggage. “I have breakables in that,” she said.

The attendant ignored her and kept shoving other bags into hers.

Another passenger, Carol Gray, a retired travel agent, asked the same attendant for help, saying that her seat was broken.

“I’m not talking to you,” said the attendant, and poked her in the arm. He then threatened to throw Miller and Gray off the plane.

“You’ve got to be kidding me,” said Miller.

“Well, you’re getting off,” said the attendant.

Two sheriff’s deputies and airline staff arrived to remove them.

A third passenger, a therapist named Karyn Schoor, spoke up in their defense: “This is crazy, they didn’t do anything. Why are you doing this to them?”

“Throw her off too,”’ ordered the attendant.

All three women were marched off the plane and back into the terminal.

The women were offered flights on other airlines paid for by AirTran.

And the official explanation given by AirTran?

“Our employees are responsible for the safety and comfort of everyone onboard a flight. Our goal is always to mitigate any uncomfortable situation prior to departure.”

Uncomfortable for whom–the passenger who doesn’t want her luggage roughly treated?  Or the attendant whose ego gets bent out of shape at the slightest objection?

  • In July, 2010, Southwest Airlines removed a slender, five-foot-four woman from a plane to accomodate an obese passenger.

The woman was flying standby from Las Vegas to Sacramento.  She had paid full fare for the last available seat, boarded and stowed her bags–and was told she must deplane immediately.

The reason: A late-arriving, 14-year-old passenger required two seats because of her girth.

When the woman asked Southwest personnel why she was being removed her from the flight, they berated her for daring to question their decision.

The temporarily stranded passenger managed to catch the next flight out to Sacramento.

  • You don’t have to assault someone to be thrown off an airplane. Even kissing your partner will do.

Southwest Airlines kicked Leisha Hailey–who not only played a lesbian in Showtime’s The L-Word series but is one–and her girlfriend off a flight to Los Angeles.

Their crime?  Kissing.

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

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KGB AIRWAYS: PART ONE (OF FOUR)

In Bureaucracy, Business, Law, Self-Help, Social commentary on June 7, 2016 at 12:02 am

With the summer tourism season now on, tens of thousands of Americans will be flying across the country to visit with loved ones.

And many of them will become the victims of KGB Airways.  

In truth, many airline personnel treat passengers the way KGB agents once treated Soviet citizens–with the arrogance that comes from holding near-absolute power over the lives of others.

Consider the following:

  • From the website of American Airlines:

ESSENTIAL NEEDS DURING EXTRAORDINARY DELAYS

In the case of extraordinary events that result in very lengthy onboard delays, American will make every reasonable effort to ensure that essential needs of food (snack bar such as Nutri-Grain®), water, restroom facilities, and basic medical assistance are met.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation:  On one hand, American promises that it will try to ensure that “essential needs of food, water, restroom facilities and basic medical assistance are met” during “very lengthy onboard delays.” On the other hand, if they “do not meet this commitment,” that’s just the passengers’ tough luck.

ACCEPTANCE OF PASSENGERS

American may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to:  

  1. Compliance with government requisition of space.
  2. Action necessary or advisable due to weather, or other conditions beyond American’s control.
  3. Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances.
  4. Refusal to produce positive identification upon request.
  5. Your physical or mental condition is such that in American’s sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant.
  6. Your conduct is disorderly, abusive or violent.  
  7. Appear to be intoxicated or under the influence of drugs.
  8. Attempt to interfere with any member of the flight crew.
  9. Have a communicable disease that has been determined by a federal public health authority to be transmissible to other persons in the normal course of flight.
  10. Refuse to obey instructions from any flight crew member.
  11. Have an offensive odor not caused by a disability or illness.
  12. Are clothed in a manner that would cause discomfort or offense to other passengers or are barefoot.
  13. Engage in any action, voluntary or involuntary, that might jeopardize the safety of the aircraft or any of its occupants.

Translation: “American may refuse to transport you, or may remove you from your flight at any point” for just about any reason it wants to give.

Click here: Conditions of carriage – Contract of transportation – American Airlines

DELAYS, CANCELLATIONS AND DIVERSIONS

American Airlines will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight’s anticipated departure time.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation: On one hand, American promises to give customers “timely and frequent updates regarding known delays, cancellations and diversions.” On the other hand, American absolves itself from any damages “if we do not meet this commitment.”

And how does all this translate into action?

  • In late March, 2012, a woman was barred from boarding an American Airlines flight because its staff disliked her choice of clothing. She was wearing a T-shirt bearing the words: “IF I WANTED THE GOVERNMENT IN MY WOMB, I’D F— A SENATOR.”

After taking a seat she was told by a flight attendant that she needed to speak with the captain, who found the T-shirt “offensive.”  He said she would have to change before she could re-board the plane.

The passenger claims this interaction caused her to miss her connection: Her luggage was checked and “changing shirts without spending money wasn’t an option.”

Business Insider ranked American Airlines 8th on a list of The 19 Most Hated Companies In America.

  • In July, 2011, Malinda Knowles, a 27-year-old financial consultant, was kicked off a JetBlue flight at JFK Airport in New York because of her attire–a baggy blue T-shirt and denim shorts.

A male JetBlue employee walking down the aisle noticed Knowles. He told her he didn’t think she was wearing enough clothing. An argument erupted when the employee put his walkie-talkie between her legs to see if she was wearing shorts underneath. When Knowles objected, the JetBlue worker brought her off the plane and to a hangar.

There she modeled for the employees, showing that she was wearing shorts. She returned to the plane, but the same employee once again approached her and said: “The captain is refusing to fly you today. We need to remove you from the flight.”

After waiting four hours for another flight, she arrived in Florida. Apparently the crew of that plane didn’t have any problem with her attire.

Knowles has since filed a lawsuit against JetBlue.

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KGB AIRWAYS: PART EIGHT (END)

In History, Law, Self-Help, Social commentary on November 24, 2014 at 12:00 am

So you’ve decided to sue the airline you believe wronged you.

One option is to do so in small claims court.

A plus is you don’t need an attorney. In fact, you’re barred from bringing in an attorney. You represent yourself, which means you don’t have to pay an attorney–either up-front or at the end of the case.

Another plus: It will cost you far less to represent yourself than it will cost the airline to send a representative.

If you file in California and the airline is headquartered in New York, it will be expensive for them to send a rep to attend the proceedings. If the airline fails to send someone as its representative–which is highly unlikely–it loses by default.

A minus is that you may not be the confrontational type.  You may also feel intimidated by the legal process–and afraid of looking like an idiot if you lose.

Another minus is that each state sets a different amount you can win in damages.

To learn about the rules applying to small claims courts in your state, consult the following link:

Click here: 50 State Overview of Small Claims Rules | Nolo.com.

A second option is to take your case to civil court.

A plus is that the dollar-amount you can obtain at this level is far higher than in small-claims court.

A minus is that you’ll definitely want to retain an attorney.

True, you can legally represent yourself.  But aviation law is complex.  The airline will definitely have an attorney, so if you don’t, you’re bringing a knife to a gunfight.

If you can find an attorney willing to represent you on a contingency fee basis, you don’t have to pay him unless you win.  His fee will then come out of your settlement amount.

Another minus: If you can’t find an attorney willing to take your case on this basis, you’ll have to pay him by the hour, after first putting up a retainer fee, which can be quite large.

A third minus is that the courts are clogged with cases, and it can take months or even years before yours will be heard.

And remember: The vast majority of cases–civil and criminal–are settled outside of court.  In civil cases especially, judges strongly urge both sides to reach a compromise rather than duke it out in court.

And both sides are usually willing to do this, since there’s no telling how a jury might rule.

Finally, there’s the option of filing a class-action lawsuit.

A plus to this is that you’re not alone in your charge against the airline.  Other passengers who have been similarly wronged are seeking damages, and so the spotlight is not on any one plaintiff.

A minus is that such cases are extremely complex and must be handled by experienced attorneys.

Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to remove the case to federal court.

Another minus: If your side prevails, the amount of money each plaintiff receives will be far smaller than if the award were to be divided between a single plaintiff and his attorney(s).

Finally, even if you win, you can be certain the airline will appeal the verdict.  Such appeals can go on for literally years.

On a more far-reaching basis, you can demand that your Congressional representatives support passenger rights through legislation.

Protections are especially needed when a single airline official–such as a steward–kicks a passenger off an airplane for reasons that have nothing to do with security.

Examples:

  • Two women kissing;
  • A steward demanding whether a woman is wearing underwear;
  • Another steward taking offense at a passenger’s request for help.)

During the administration of President George H.W. Bush, Congress overrode only one of his 44 vetoes.  In that case, Congress put a cap on the rates cable TV companies could charge.

They did so because their constituents had made clear their rage about high-priced cable fees.

Members of the Senate and House of Representatives will respond to constituent demands:

  1. If enough voters make their specific demands known; and
  2. If those voters make clear that ignoring their demands will guarantee defeat at the next election.

There are consumer rights organizations now pressing for vitally-needed passenger protections.  These organizations need support–both in terms of members and money.

Only then can they counter the legalized bribes (known as “campaign contributions) the airlines offer to members of Congress.

An example is Flyers Rights, which can be reached at: FlyersRights.ORG – Largest Non-Profit Airline Consumer Organization.

Above all, remember: Airlines are run by corporations.

Their foremost concern is not your comfort or even safety as a passenger.  It’s with further enriching their key executives.

You must be willing to stand up for your own rights–because the airline couldn’t care less about them.

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KGB AIRWAYS: PART SEVEN (OF EIGHT)

In History, Law, Self-Help, Social commentary on November 21, 2014 at 12:22 am

You can’t get the airline to take your complaint seriously but you don’t want to file a lawsuit.

So now what do you do?

You could file a complaint with one or more consumer complaint websites.  Just remember:

  • What you say online can hurt you.
  • Accuse someone of criminal or shameful behavior, and you can be sued for libel.
  • Threaten someone with exposure or financial ruin unless he pays you money and you can be privately sued and/or criminally prosecuted for extortion.
  • And once you click on the “Send” button, there’s no recalling your email.

Review the guidelines offered in Part Six of this series on how to safely craft your letter/email.

Below is a partial list of consumer complaint websites.  No endorsement is implied by this listing.  It’s offered simply to illustrate the variety of such websites available.

Your first impulse will probably be to file your complaint with a a website like one of these.

Don’t do it.

Instead, try to resolve your problem (assuming it can be resolved) with the airline.

Why?  Two reasons:

  1. You may be able to obtain what you want at that level, without having to do anything more.
  2. If you don’t give the airline the chance to address your grievance, you will be accused of pursuing a vendetta.  This will be especially true if you later sue the airline.

Use websites like these as a fallback option–in case you’re unable to can’t resolve your problem with the airlines.

And, frankly, there’s a good chance you won’t.

In its September 3, 2009 issue, Time magazine warned that calling the airlines’ customer complaint lines would likely prove a waste of time.

The major carriers have, quietly, made it steadily more difficult for customers to reach a person with their complaints. “The airlines don’t want to talk to their  customers,” says John Tschohl, a consultant to businesses on customer service.

Even the few airlines that still have customer-service numbers bury them deep within their websites.  Finding them is often as much a matter of luck as persistence.

So as advised in Part Five of this series:

  • Don’t waste your time with the Customer Service line.
  • Go directly to the topmost official(s) of the airline and make it clear why it’s in their best interests to resolve your problem. 
  • Then, if you can’t find a workable solution, file your complaint with as many consumer-protection websites as possible.

You can also file complaints with one or more federal agencies that hold jurisdiction over the airlines.

If your complaint is safety related, address it to the Federal Aviation Administration (FAA) at:

Assistant Administrator for System Safety ASY-100

Federal Aviation Administration
800 Independence Ave., S.W.
Washington, D.C. 20591

Phone: 1-866-835-5322

Click here: Contact the Aviation Safety Hotline

If your complaint involves security, direct it to the Transportation Safety Adminisration (TSA).

You can reach this by phone at 866-289-9673 or by email at tsa-contactcenter@dhs.gov.

A final option is to sue the airline.

For most people, bringing in a lawyer is like bringing up the heavy artillery.  When should you do so?

Christopher Elliott, author, consumer advocate and journalist, outlines “five times when you should consider skipping the complaints process and going straight to court:

  1. When they’re playing games.
  2. When they’ve broken a contract.
  3. When they’re being dishonest.
  4. When they’re ignoring you.
  5. When they aren’t listening to reason.

Elliott’s webpage contains a wealth of practical advice for those who’ve had their fill of airline arrogance.  It can be accessed thus:

Click here: See you in court: 5 times when you should just sue ‘em.

Yet another must-read for those wondering if they should file suit:

Click here: Lies the Airlines Tell Us – ABC News

Assuming you decide to sue, there are three ways to do this:

  1. In small claims court.
  2. In regular civil court as an individual claimant.
  3. As part of a class-action lawsuit.

Each approach has its own series of pluses and minuses.  I’ll explore these in my next–and final–part of this series.

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KGB AIRWAYS: PART THREE (OF EIGHT)

In Bureaucracy, Business, History, Law, Social commentary on November 17, 2014 at 12:03 am

When Leisha Hailey and her girlfriend kissed aboard a Southwest Airlines flight to Los Angeles, they quickly found themselves in trouble.

Leisha Hailey

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

Hailey–the star of Showtime’s The L-Word (and a lesbian)–posted her experience on Twitter.  Calling for a boycot of Southwest, she tweeted:

“I want to know what Southwest Airlines considers as ‘family.’ I know plenty of wonderful same-sex families I would like to introduce them to. Boycott @SouthwestAir if you are gay. They don’t like us.”

Naturally, Southwest had its own explanation for what had happened:

“…We received several passenger complaints characterizing the behavior as excessive. Our crew, responsible for the comfort of all Customers on board, approached the passengers based solely on behavior and not gender. The conversation escalated to a level that was better resolved on the ground, as opposed to in flight.”

Translation: The situation was “better resolved on the ground” by forcing two unarmed, non-threatening women to leave the plane rather than having the airline honor their high-priced tickets.

Now, a quick question: When does a camera become a dangerous weapon?

When you snap a picture of an especially rude airline employee.

  • A  Miami photographer was escorted off a US Airways plane and deemed a “security risk” after she did this at Philadelphia International Airport in July, 2011.

Sandy DeWitt believed the employee, Tonialla G., was being rude to several passengers in the boarding area of the flight to Miami.

So DeWitt, a professional photographer, used her iPhone to snap a picture of G.’s nametag.  She intended to file a complaint with US Airways and wanted the picture as evidence.

As DeWitt settled into her seat, preparing for take-off, G. entered the plane and confronted her.

She ordered DeWitt to delete the photo.

DeWitt had already turned off her iPhone, as required before take-off.  She turned the phone back on to prove that the photo hadn’t come out.  Even so, she deleted the too-dark picture.

G. then walked into the cockpit to inform the pilot that DeWitt was a “security risk.”

Suddenly, DeWitt found herself being escorted off the plane by two flight attendants.  Her husband followed.

Speaking with Michael Lofton, a US Airways manager at Philadelphia International Airport, she learned that she would not be allowed back on the plane.

The reason:  She was a “security risk.”

But that didn’t keep Lofton from directing her to American Airlines for a flight back to Miami.

But that flight had already departed and it was already after 7 p.m.  And there were no other flights back to Miami until the following morning.

“We were expecting to spend the night at the airport,” she said.

They eventually boarded a Southwest Airlines flight to Fort Lauderdale at 11 p.m.

Apparently, Southwest didn’t consider her to be a “security risk.”

Naturally, US Airways had a cover-story to explain what had happened.

Todd Lehmacher, a spokesman for US Airways, told msnbc.com that DeWitt was removed for being “disruptive.”

“Once onboard, she was using foul and explicit language,” Lehmacher said. “She was removed at the request of the captain.”

Translation: “Disruptive” means whatever an airline official claims it to mean.

Business Insider ranked US Airways sixth in a list of the 19 Most Hated Companies in America.

The American Customer Satisfaction Index (ACSI) is an economic indicator that measures the satisfaction of consumers across the United States. It is produced by the American Customer Satisfaction Index, a private company based in Ann Arbor, Michigan.

The ACSI interviews about 80,000 Americans annually and asks about their satisfaction with the goods and services they have consumed. And Americans’ most-hated companies include large banks, airlines, power and telecom companies.

David VanAmburg, managing director at ACSI, offered a critical insight into why these companies are so detested.

“These are not terribly competitive industries, as the switching barriers for most of them are quite high,” he told Business Insider in June, 2011.

“In other industries, like the food or clothing sector, the competition is huge. They bend over backwards to make customers happy, because they have to.”

There certainly isn’t much competition within the airlines industry–whose numbers are limited and continue to shrink due to mergers and the rising cost of fuel.

For the airline industry generally, the former slogan of United Airlines–”Fly the Friendly Skies”–has unofficially been replaced with: “We don’t care. We don’t have to.”

So–when you’re facing a would-be KGB agent masquerading as an airline employee, what should you do?

First, you recognize that the concept of “consumer rights” has not yet reached the airline industry.

Then you do what you can to see that it does.

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KGB AIRWAYS: PART TWO (OF EIGHT)

In Business, History, Law, Social commentary on November 14, 2014 at 12:01 am

The First Amendment of the American Constitution guarantees freedom of speech.

But some airline employees haven’t gotten the word.

Click here: 3 Easy Ways to Tell If a Business Puts Its Customers First – DailyFinance

Yes, what you say can get you thrown off an airplane–or worse.  And it doesn’t have to be anything even remotely like a threat.

  • In May, 2011, a US Airways flight was due to depart San Francisco International Airport for Charlotte, North Carolina at 1:20 p.m. But due to bad weather, passengers boarded the plane after 2 p.m.

Once on the plane, a flight attendant told customers over the intercom to hurry up and put their carry-ons in bins so they could take off and make their connecting flight in Charlotte.

One of the passengers, Luke Hazlewood, turned to the person next to him and said it was the airline’s fault they were late, “so don’t get mad at us.”

The flight attendant rushed out of the galley demanding to know who had said that. Once she determined it was Hazlewood, she told him he would have to leave for being disruptive and a threat to the plane.

Sandra Kraus, a former flight attendant, came to Hazlewood’s defense–and the flight attendant told her to get off the plane as well.

Both passengers asked to speak with the captain but he refused to speak with them.

Kraus was put on another flight.  Hazlewood and his accompanying girlfriend (who had left the plane with him) found that US Airways wouldn’t compensate them for a hotel room.

The airline refused to answer questions about the matter. Its written statement said “The passengers interfered with the flight crew and in the interest of safety they had to be removed.”

Translation: It’s a truism in both journalism and police work: When people refuse to answer questions, it’s nearly always because they know they have something to hide.

And the airline’s response came in the classic voice of the all-powerful dictator: “They refused to treat me like God and so they had to be eliminated.”

Business Insider ranked US Airways #6 on a list of  The 19 Most Hated Companies In America – Business Insider

  • In December, 2011, three middle-aged women were thrown off an AirTran flight at Palm Beach International Airport after a steward began roughly handling the luggage of one of them.

Marilyn Miller, a lawyer, was buckled in for takeoff when the attendant mishandled her overhead luggage.  “I have breakables in that,” she said.

The attendant ignored her and kept shoving other bags into hers.

Another passenger, Carol Gray, a retired travel agent, asked the same attendant for help, saying that her seat was broken.

“I’m not talking to you,” said the attendant, and poked her in the arm.  He then threatened to throw Miller and Gray off the plane.

“You’ve got to be kidding me,” said Miller.

“Well, you’re getting off,” said the attendant.

Two sheriff’s deputies and airline staff arrived to remove them.

A third passenger, a therapist named Karyn Schoor, spoke up in their defense: “This is crazy, they didn’t do anything.  Why are you doing this to them?”

“Throw her off too,”’ ordered the attendant.

All three women were marched off the plane and back into the terminal.

The women were offered flights on other airlines paid for by AirTran.

And the official explanation given by AirTran?

“Our employees are responsible for the safety and comfort of everyone onboard a flight. Our goal is always to mitigate any uncomfortable situation prior to departure.”

Translation: Uncomfortable for whom–the passenger who doesn’t want her luggage roughly treated?  Or the attendant whose ego gets bent out of shape at the slightest objection?

  • In July, 2010, Southwest Airlines removed a slender, five-foot-four woman from a plane to accomodate an obese passenger.

The woman was flying standby from Las Vegas to Sacramento.  She had paid full fare for the last available seat, boarded and stowed her bags–and was told she must deplane immediately.

The reason: A late-arriving, 14-year-old passenger required two seats because of her girth.

When the woman asked Southwest personnel why she was being removed her from the flight, they berated her for daring to question their decision.

The temporarily stranded passenger managed to catch the next flight out to Sacramento.

  • You don’t have to assault someone to be thrown off an airplane. Even kissing your partner will do.

Southwest Airlines kicked Leisha Hailey–who not only plays a lesbian in Showtime’sThe L-Word series but is one–and her girlfriend off a flight to Los Angeles.

Their crime?  Kissing.

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

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KGB AIRWAYS: PART ONE (OF EIGHT)

In Business, History, Law, Self-Help, Social commentary on November 13, 2014 at 12:12 am

During the Thanksgiving holiday period, 24.6 million passengers are expected to travel on American airlines.

The busiest travel day during the holiday–and the year–will be the Sunday after Thanksgiving as many travelers return from holiday visits

And many of them will become the victims of KGB Airways.

In truth, many airline personnel treat passengers the way KGB agents once treated Soviet citizens–with the arrogance that comes from holding near-absolute power over the lives of others.

Consider the following:

  • From the website of American Airlines:

ESSENTIAL NEEDS DURING EXTRAORDINARY DELAYS

In the case of extraordinary events that result in very lengthy onboard delays, American will make every reasonable effort to ensure that essential needs of food (snack bar such as Nutri-Grain®), water, restroom facilities, and basic medical assistance are met.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation:  On one hand, American promises that it will try to ensure that “essential needs of food, water, restroom facilities and basic medical assistance are met” during “very lengthy onboard delays.” 

On the other hand, if they “do not meet this commitment,” that’s just the passengers’ tough luck.

ACCEPTANCE OF PASSENGERS

American may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to the following:

  1. Compliance with government requisition of space.
  2. Action necessary or advisable due to weather, or other conditions beyond American’s control.
  3. Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances.
  4. Refusal to produce positive identification upon request.
  5. Your physical or mental condition is such that in American’s sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant.
  6. Your conduct is disorderly, abusive or violent, or you
    1. Appear to be intoxicated or under the influence of drugs,
    2. Attempt to interfere with any member of the flight crew,
    3. Have a communicable disease that has been determined by a federal public health authority to be transmissible to other persons in the normal course of flight,
    4. Refuse to obey instructions from any flight crew member,
    5. Have an offensive odor not caused by a disability or illness,
    6. Are clothed in a manner that would cause discomfort or offense to other passengers,
    7. Are barefoot, or
    8. Engage in any action, voluntary or involuntary, that might jeopardize the safety of the aircraft or any of its occupants.

Translation: “American may refuse to transport you, or may remove you from your flight at any point” for just about any reason it wants to give.

Click here: American Airlines Conditions Of Carriage On AA.com

DELAYS, CANCELLATIONS AND DIVERSIONS

American Airlines will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight’s anticipated departure time.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

Translation: On one hand, American promises to give customers “timely and frequent updates regarding known delays, cancellations and diversions.” 

On the other hand, American absolves itself from any damages “if we do not meet this commitment.”

And how does all this translate into action?

  • In late March, 2012, a woman was barred from boarding an American Airlines flight because its staff disliked her choice of clothing.  She was wearing a T-shirt bearing the words: “IF I WANTED THE GOVERNMENT IN MY WOMB, I’D F— A SENATOR.”

After taking a seat she was told by a flight attendant that she needed to speak with the captain, who found the T-shirt “offensive.”  He said she would have to change before she could re-board the plane.

The passenger claims this interaction caused her to miss her connection: Her luggage was checked and “changing shirts without spending money wasn’t an option.”

Business Insider ranked American Airlines 8th on a list of The 19 Most Hated Companies In America.

  • In July, 2011, Malinda Knowles, a 27-year-old financial consultant, was kicked off a JetBlue flight at JFK Airport in New York because of her attire–a baggy blue T-shirt and denim shorts.

A male JetBlue employee walking down the aisle noticed Knowles.  He told her he didn’t think she was wearing enough clothing.

An argument erupted when the employee put his walkie-talkie between her legs to see if she was wearing shorts underneath. When Knowles objected, the JetBlue worker brought her off the plane and to a hangar.

There she modeled for the employees, showing that she was wearing shorts.

She returned to the plane, but the same employee once again approached her and said:  “The captain is refusing to fly you today. We need to remove you from the flight.”

After waiting four hours for another flight, she arrived in Florida.  Apparently the crew of that plane didn’t have any problem with her attire.

Knowles has since filed a lawsuit against JetBlue.

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KGB AIRWAYS: PART EIGHT (END)

In Bureaucracy, Business, Law, Self-Help on December 16, 2013 at 12:18 am

So you’ve decided to sue the airline you believe wronged you.

One option is to do so in small claims court.

A plus is you don’t need an attorney. In fact, you’re barred from bringing in an attorney. You represent yourself, which means you don’t have to pay an attorney–either up-front or at the end of the case.

Another plus: It will cost you far less to represent yourself than it will cost the airline to send a representative.

If you file in California and the airline is headquartered in New York, it will be expensive for them to send a rep to attend the proceedings. If the airline fails to send someone as its representative–which is highly unlikely–it loses by default.

A minus is that you may not be the confrontational type.  You may also feel intimidated by the legal process–and afraid of looking like an idiot if you lose.

Another minus is that each state sets a different amount you can win in damages.

To learn about the rules applying to small claims courts in your state, consult the following link: Click here: 50 State Overview of Small Claims Rules | Nolo.com.

A second option is to take your case to civil court.

A plus is that the dollar-amount you can obtain at this level is far higher than in small-claims court.

A minus is that you’ll definitely want to retain an attorney.

True, you can legally represent yourself.  But aviation law is complex.  The airline will definitely have an attorney, so if you don’t, you’re bringing a knife to a gunfight.

If you can find an attorney willing to represent you on a contingency fee basis, you don’t have to pay him unless you win.  His fee will then come out of your settlement amount.

Another minus: If you can’t find an attorney willing to take your case on this basis, you’ll have to pay him by the hour, after first putting up a retainer fee, which can be quite large.

A third minus is that the courts are clogged with cases, and it can take months or even years before yours will be heard.

And remember: The vast majority of cases–civil and criminal–are settled outside of court.  In civil cases especially, judges strongly urge both sides to reach a compromise rather than duke it out in court.

And both sides are usually willing to do this, since there’s no telling how a jury might rule.

Finally, there’s the option of filing a class-action lawsuit.

A plus to this is that you’re not alone in your charge against the airline.  Other passengers who have been similarly wronged are seeking damages, and so the spotlight is not on any one plaintiff.

A minus is that such cases are extremely complex and must be handled by experienced attorneys.

Typically, federal courts are thought to be more favorable for defendants, and state courts more favorable for plaintiffs. Many class actions are filed initially in state court. The defendant will frequently try to remove the case to federal court.

Another minus: If your side prevails, the amount of money each plaintiff receives will be far smaller than if the award were to be divided between a single plaintiff and his attorney(s).

Finally, even if you win, you can be certain the airline will appeal the verdict.  Such appeals can go on for literally years.

On a more far-reaching basis, you can demand that your Congressional representatives support passenger rights through legislation.

Protections are especially needed when a single airline official–such as a steward–kicks a passenger off an airplane for reasons that have nothing to do with security.

(Examples:

  • Two women kissing;
  • a steward demanding whether a woman is wearing underwear;
  • another steward taking offense at a passenger’s request for help.)

During the administration of President George H.W. Bush, Congress overrode only one of his 44 vetoes.  In that case, Congress put a cap on the rates cable TV companies could charge.

They did so because their constituents had made clear their rage about high-priced fees.

Members of the Senate and House of Representatives will respond to constituent demands:

  1. If enough voters make their specific demands known; and
  2. If those voters make clear that ignoring their demands will guarantee defeat at the next election.

There are consumer rights organizations now pressing for vitally-needed passenger protections.  These organizations need support–both in terms of members and money.

Only then can they counter the legalized bribes (known as “campaign contributions) the airlines offer to members of Congress.

An example is Flyers Rights, which can be reached at: FlyersRights.ORG – Largest Non-Profit Airline Consumer Organization.

Above all, remember: Airlines are run by corporations.

Their foremost concern is not your comfort or even safety as a passenger.  It’s with further enriching their key executives.

You must be willing to stand up for your own rights–because the airline couldn’t care less about them.

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KGB AIRWAYS: PART SEVEN (OF EIGHT)

In Bureaucracy, Business, Self-Help, Social commentary on December 13, 2013 at 12:31 am

You can’t get the airline to take your complaint seriously but you don’t want to file a lawsuit.

So now what do you do?

You could file a complaint with one or more consumer complaint websites.  Just remember:

  • What you say online can hurt you.
  • Accuse someone of criminal or shameful behavior, and you can be sued for libel.
  • Threaten someone with exposure or financial ruin aunless he pays you money and you can be privately sued and/or criminally prosecuted for extortion.
  • And once you click on the “Send” button, there’s no recalling your email.

Review the guidelines offered in Part Six of this series on how to safely craft your letter/email.

Below is a partial list of consumer complaint websites.  No endorsement is implied by this listing.  It’s offered simply to illustrate the variety of such websites available.

http://www.pissedconsumer.com/ – Pissed Consumer (complaints only)

http://www.measuredup.com/ – Measured Up (“Customers Review / Businesses Reply / Everybody Wins”)

http://www.complaints.com/ – Complaints (post and research consumer complaints)

http://www.thesqueakywheel.com/ – The Squeaky Wheel (submits your complaint to google)

http://www.consumercomplaintagency.org/ – Consumer Complaint Agency (“Take [unspecified] action on your behalf”)

https://www.ftccomplaintassistant.gov/ – Federal Trade Commission (does not resolve individual consumer complaints)

http://www.complaintnow.com/ – Complaint Now (complaints only)

http://hissingkitty.com/ – Hissing Kitty (posts your complaint on Google, Yahoo, and Bing)

http://www.airlinecomplaints.org/ – Airline Complaints (complaints only)

http://airconsumer.ost.dot.gov/problems.htm – Aviation Consumer Protection and Enforcement (U.S. Department of Transportation) (complaints)

http://www.airsafe.com/complain/complain.htm – Air Safe (“critical information for the traveling public”)

http://www.consumeraffairs.com/travel/airlines.html – Consumer Affairs (complaints only)

Your first impulse will probably be to immediately file your complaint with a website like one of these.

Don’t do it.

Instead, try to resolve your problem (assuming it can be resolved) with the airline.

Why?  Two reasons:

  1. You may be able to obtain what you want at that level, without having to do anything more.
  2. If you don’t give the airline the chance to address your grievance, you will be accused of pursuing a vendetta.  This will be especially true if you later sue the airline.

Use websites like these as a fallback option–in case you’re unable to can’t resolve your problem with the airlines.

And, frankly, there’s a good chance you won’t.

In its September 3, 2009 issue, Time magazine warned that calling the airlines’ customer complaint lines would likely prove a waste of time.

The major carriers have, quietly, made it steadily more difficult for customers to reach a person with their complaints. “The airlines don’t want to talk to their  customers,” says John Tschohl, a consultant to businesses on customer service.

Even the few airlines that still have customer-service numbers bury them deep within their websites.  Finding them is often as much a matter of luck as persistence.

So as advised in Part Five of this series: Don’t waste your time with the Customer Service line.  Go directly to the topmost official(s) of the airline and make it clear why it’s in their best interests to resolve your problem. 

Then, if you can’t find a workable solution, file your complaint with as many consumer-protection websites as possible.

You can also file complaints with one or more federal agencies that hold jurisdiction over the airlines.

If your complaint is safety related, address it to the Federal Aviation Administration (FAA) at:

Assistant Administrator for System Safety ASY-100
Federal Aviation Administration
800 Independence Ave., S.W.
Washington, D.C. 20591

1-866-835-5322

Click here: Contact the Aviation Safety Hotline

If your complaint involves security, direct it to the Transportation Security Administration (TSA).  You can reach this by phone at 866-289-9673 or by e-mail at tsa-contactcenter@dhs.gov.

A final option is to sue the airline.

For most people, bringing in a lawyer is like bringing up the heavy artillery.  When should you do so?

Christopher Elliott, author, consumer advocate and journalist, outlines “five times when you should consider skipping the complaints process and going straight to court:

  1. When they’re playing games.
  2. When they’ve broken a contract.
  3. When they’re being dishonest.
  4. When they’re ignoring you.
  5. When they aren’t listening to reason.

Elliott’s webpage contains a wealth of practical advice for those who’ve had their fill of airline arrogance.  It can be accessed thus: Click here: See you in court: 5 times when you should just sue ‘em.

Yet another must-read for those wondering if they should file suit: Click here: Lies the Airlines Tell Us – ABC News

Assuming you decide to sue, there are three ways to do this:

  1. In small claims court.
  2. In regular civil court as an individual claimant.
  3. As part of a class-action lawsuit.

Each approach has its own series of pluses and minuses.  I’ll explore these in my next column.

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KGB AIRWAYS: PART THREE (OF EIGHT)

In Bureaucracy, Business, Law, Self-Help on December 9, 2013 at 12:30 am

When Leisha Hailey and her girlfriend kissed aboard a Southwest Airlines flight to Los Angeles, they quickly found themselves in trouble.

Leisha Hailey

A flight attendant told them that Southwest was “a family airline.” When they argued they were targets of homophobia, the attendant ejected them from the plane.

Hailey–the star of Showtime’s The L-Word (and a lesbian)–posted her experience on Twitter.  Calling for a boycot of Southwest, she tweeted:

“I want to know what Southwest Airlines considers as ‘family.’ I know plenty of wonderful same-sex families I would like to introduce them to. Boycott @SouthwestAir if you are gay. They don’t like us.”

Naturally, Southwest had its own explanation for what had happened:

“…We received several passenger complaints characterizing the behavior as excessive. Our crew, responsible for the comfort of all Customers on board, approached the passengers based solely on behavior and not gender. The conversation escalated to a level that was better resolved on the ground, as opposed to in flight.”

In short, the situation was “better resolved on the ground” by forcing two unarmed, non-threatening women to leave the plane rather than having the airline honor their high-priced tickets.

Now, a quick question: When does a camera become a dangerous weapon?

When you snap a picture of an especially rude airline employee.

  • A  Miami photographer was escorted off a US Airways plane and deemed a “security risk” after she did this at Philadelphia International Airport in July, 2011.

Sandy DeWitt believed the employee, Tonialla G., was being rude to several passengers in the boarding area of the flight to Miami.

So DeWitt, a professional photographer, used her iPhone to snap a picture of G.’s nametag.  She intended to file a complaint with US Airways and wanted the picture as evidence.

As DeWitt settled into her seat, preparing for take-off, G. entered the plane and confronted her.

She ordered DeWitt to delete the photo.

DeWitt had already turned off her iPhone, as required before take-off.  She turned the phone back on to prove that the photo hadn’t come out.  Even so, she deleted the too-dark picture.

G. then walked into the cockpit to inform the pilot that DeWitt was a “security risk.”

Suddenly, DeWitt found herself being escorted off the plane by two flight attendants.  Her husband followed.

Speaking with Michael Lofton, a US Airways manager at Philadelphia International Airport, she learned that she would not be allowed back on the plane.

The reason:  She was a “security risk.”

But that didn’t keep Lofton from directing her to American Airlines for a flight back to Miami.

But that flight had already departed and it was already after 7 p.m.  And there were no other flights back to Miami until the following morning.

“We were expecting to spend the night at the airport,” she said.

They eventually boarded a Southwest Airlines flight to Fort Lauderdale at 11 p.m.

Apparently, Southwest didn’t consider her to be a “security risk.”

Naturally, US Airways had a cover-story to explain what had happened.

Todd Lehmacher, a spokesman for US Airways, told msnbc.com that DeWitt was removed for being “disruptive.”

“Once onboard, she was using foul and explicit language,” Lehmacher said. “She was removed at the request of the captain.”

Apparently, “disruptive” means whatever an airline official claims it to mean.

Business Insider ranked US Airways sixth in a list of the 19 Most Hated Companies in America.

The American Customer Satisfaction Index (ACSI) is an economic indicator that measures the satisfaction of consumers across the United States. It is produced by the American Customer Satisfaction Index, a private company based in Ann Arbor, Michigan.

The ACSI interviews about 80,000 Americans annually and asks about their satisfaction with the goods and services they have consumed. And Americans’ most-hated companies include large banks, airlines, power and telecom companies.

David VanAmburg, managing director at ACSI, offered a critical insight into why these companies are so detested.

“These are not terribly competitive industries, as the switching barriers for most of them are quite high,” he told Business Insider in June, 2011.

“In other industries, like the food or clothing sector, the competition is huge. They bend over backwards to make customers happy, because they have to.”

That certainly applies to airlines–whose numbers are limited and continue to shrink due to mergers and the rising cost of fuel.

For the airline industry generally, the former slogan of United Airlines–”Fly the Friendly Skies”–has unofficially been replaced with: “We don’t care. We don’t have to.”

So–when you’re facing a would-be KGB agent masquerading as an airline employee, what do you do?

First, you recognize that the concept of “consumer rights” has not yet reached the airline industry.

Then you do what you can to see that it does.