United Airlines must face lawsuit after allegedly charging passengers extra for ‘window seats' with no windows, judge rules

A federal judge on Monday refused to dismiss a proposed class-action lawsuit accusing United Airlines of charging passengers extra for “window seats” that lacked actual windows, allowing the case to move forward. U.S. District Judge James Donato ruled the plaintiffs plausibly alleged United breached its contractual obligations by selling seats identified as window seats even though some were positioned next to solid cabin walls rather than windows. “These terms plausibly establish that United expressly agreed to provide a seat with a window to passengers who paid for one,” Donato wrote, adding that United’s reservation screens and boarding passes represented that customers had purchased window seats. “No more is needed at this stage for the breach claims to go forward.” The lawsuit alleges United knowingly charged passengers extra for certain window seats on aircraft, including Boeing 737s, Boeing 757s and Airbus A321s, even though some seats lacked adjacent windows because of aircraft design. Plaintiffs claim passengers often pay premiums for window seats to enjoy the view or help alleviate anxiety, claustrophobia or motion sickness. United argued the lawsuit should be dismissed, saying “window seat” describes a seat's location relative to the aisle rather than guaranteeing an actual window and contending federal law preempts the claims. Donato rejected those arguments at this stage of the litigation. United declined to comment on the lawsuit.