Status: Pending.
Summary: The American Airlines Vacations site misrepresented carrier surcharges as “tax” in violation of governing regulation and prior DOT consent decrees.
Delta – refusal to refund TSA fees
JetBlue – refusal to refund TSA fees
Revisiting Barlow’s Misplaced Optimism
Revisiting Barlow’s Misplaced Optimism, Symposium for John Perry Barlow, 18 Duke L. & Tech. Rev. 97.
As part of Duke Technology Law Review‘s Symposium for John Perry Barlow, I reflected on the perspective of early Internet luminary John Perry Barlow, the vision he offered, and what I see as the most promising sources of accountability for online behavior. My piece begins:
Barlow’s A Declaration of the Independence of Cyberspace calls for a “civilization of the mind in cyberspace,” and he says it will be “more humane and fair” than what governments have created. Barlow’s vision is unapologetically optimistic, easily embraced by anyone who longs for better times to come. Yet twenty years later, it’s easy to see some important respects in which reality fell short of his vision. Alongside the Internet’s many pluses are clickbait, scams, hacks, and all manner of privacy violations. Ten thousand hours of cat videos may be delightful, but they’re no civilization of the mind. With a bit of hindsight, Barlow’s techno-utopianism looks as stilted as other utopianism—and equally far removed from reality.
Beyond being overly optimistic about how perfectly the ‘net would unfold, Barlow was also needlessly skeptical of plausible institutions to bring improvements. He writes: “The only law that all our constituent cultures would generally recognize is the Golden Rule.” But the moral suasion—and practical effectiveness—of the Golden Rule presupposes participants of roughly equal power and status. It is no small feat to meaningfully consider what Joe User might want from Mega Social Network if the tables were turned and Joe owned the goliath. As a practical matter, any claim a user has against a goliath requires state institutions to adjudicate and enforce. When Barlow wrote A Declaration of the Independence of Cyberspace, tech goliaths were much smaller. Plus, the Internet’s early users were in a certain sense more sophisticated than the mainstream users who eventually joined. So the gap from little to big was much narrower then, arguably making governments less important in that era. But as the big get bigger and as the Internet attracts average users who lack the special sophistication of early adopters, governments play key roles—adjudicating disputes, enforcing contracts and beyond.
Class Action Settlement — Phone Calls and Text Messages Recorded by Twilio updated May 21, 2020
Flowers, et al. v. Twilio, Inc. is a consumer class action alleging that Twilio recorded phone calls and text messages for its customers Handy Technologies and Homejoy and text messages for its customer Trulia, without the consent of all parties to those communications, in violation of California privacy law.
The parties reached a settlement which received final approval by the Court on June 11, 2019. Persons included in the settlement will be eligible to receive a portion of the settlement fund based on whether their recorded communication(s) involved a phone call or only text messages.
Payments to Class Members will be distributed pro rata based on the type of recorded communication. Each Settlement Class Member who had only a text message recorded by Defendant will receive one share, while each Settlement Class Member who had at least one telephone call recorded by Defendant will receive eight shares. The value of one share will be determined by dividing the net settlement fund by the total number of shares allocated to the Settlement Class. The Settlement Administrator estimates that a Class Member with a recorded phone call will receive $64.30 and a Class Member with only a recorded text message will receive $8.04. This is only an estimate and may change as the Settlement awards are finalized. if the Settlement administrator has the correct mailing address for a Class Member, that Class Member will automatically receive his or her share of the Settlement.
Case documents (including Complaint and Class Notice) are available at the settlement website, californiarecordingsettlement.com.
Checks were first mailed out in September 2019 and those expired on December 16, 2019.
In February 2020, the Court approved re-issuing checks to settlement class members who did not cash the first round of settlement checks in 2019. Those checks were re-issued on March 10, 2020 and will expire on June 8, 2020.
If you received one of these re-issued checks, you must cash it before June 8, 2020 to ensure you get your share of the settlement. After June 8, 2020, any uncashed settlement checks will be voided and cancelled.
Do not attempt to cash any settlement checks after the void or expiration date listed on the check, or you may be subject to bank fees. If you still have an uncashed settlement check issued in 2019, you should not attempt to cash it.
If you have any questions about a re-issued settlement check, you can email or call Class Counsel at recordingsettlement@gbdhlegal.com or 1-800-531-4446. You can also contact the Settlement Administrator at Flowers v. Twilio Settlement Administrator, P.O. Box 404103, Louisville, KY 40233-4103.
Class Action Settlement — Refunds for Certain American Airlines Checked Bag Fees
Bazerman v. American Airlines, Inc. is a consumer class action pending in the District of Massachusetts. The plaintiff alleges that American Airlines has charged passengers to check bags that should have been free under American’s contract with customers. On June 22, 2018, U.S. District Court Judge William Young preliminarily approved a settlement. If granted final approval, eligible American Airlines passengers who submit a valid, timely claim will receive either a 75% refund or a full refund plus interest for incorrectly charged bag fees. Awards will range from $18.75 to $200 plus interest per bag. Class members must submit a claim by November 26, 2018 to receive a refund. The final approval hearing is set for February 21, 2019. (Note that these dates were extended by court order.)
The Court has authorized notice to be sent to class members. Class members should receive an email on Saturday, July 21, 2018, with the subject line: “Notice of Class Action Settlement – Refunds for American Airlines Checked Bag Fees.” If you’ve flown on American in the past six years and get this email, you should read it since you may be eligible for a refund. The email includes a class notice and claim form. The case documents (including Claim Form and Class Notice) are available at the settlement website, aabaggagefeesettlement.com.
If you have any questions, you may contact Class Counsel: Linda M. Dardarian, Byron Goldstein, and Raymond Wendell at AAcheckedbags@gbdhlegal.com or 1-866-762-8575, or Benjamin Edelman.
Passenger Right to Record at Airports and on Airplanes? with Mike Borsetti
Passengers have every reason to record airline staff and onboard events–documenting onboard disputes (such as whether a passenger is in fact disruptive or a service animal disobedient), service deficiencies (perhaps a broken seat or inoperational screen), and controversial remarks from airline personnel (like statements of supposed rules, which not match actual contract provisions). For the largest five US airlines, no contract provision–general tariff, conditions of carriage, or fare rules–prohibits such recordings. Yet airline staff widely tell passengers that they may not record–citing “policies” passengers couldn’t reasonably know and certainly didn’t agree to in the usual contract sense. (For example, United’s policy is a web page not mentioned in the online purchase process. American puts its anti-recording policy in its inflight magazine, where passengers only learn it once onboard.) If passengers refuse to comply, airline staff have threatened all manner of sanctions including denial of transport and arrest. In one incident in July 2016, a Delta gate agent even assaulted a 12-year-old passenger who was recording her remarks.
In a Petition for Rulemaking filed this week with the US Department of Transportation, Mike Borsetti and I ask DOT to affirm that passengers have the right to record what they lawfully see and hear on and around aircraft. We explain why such recordings are in the public interest, and we present the troubling experiences of passengers who have tried to record but have been punished for doing so. We conclude with specific proposed provisions to protect passenger rights.
One need not look far to see the impact of passenger recordings. United recently summoned security officers who assaulted passenger David Dao, who had done nothing worse than peacefully remain in the seat he had paid for. The officers falsely claimed that Dao was “swinging his arms up and down with a closed fist,” then “started flailing and fighting” as he was removed. United CEO Oscar Munoz’s falsely claimed that Dao was “disruptive and belligerent”. Fortunately, five passenger recordings provided the crucial proof to rebut those claims. Dao and the interested public are fortunate that video disproved these allegations. But imagine if United had demanded that other passengers onboard turn off their cameras before security officers boarded, or delete their recordings afterward and prove that they had done so — consistent with passenger experiences we report in our Petition for Rulemaking. Had United made such demands, the officers’ false allegations would have gone unchallenged and justice would not have been done. Hence our insistence that recordings are proper even–indeed, especially–without the permission of the airline staff, security officers, and others who are recorded.
Our filing:
Petition for Rulemaking: Passenger Right to Record
DOT docket with public comment submission form
Enumerating Uber’s Scandals
Collecting my thoughts for an article about Uber’s mounting scandals and the proper legal and regulatory response, I took some time to review the range of recent concerns. It’s overwhelming — new issues arising daily, and prior problems almost inevitably forgotten. But by dividing the misdeeds into a taxonomy of subject areas, I’m seeing trends — identifying the areas where Uber falls furthest short. I offer my notes to others in hopes that they can help.
My tabulation:
David Dao on United Airlines (teaching materials)
Edelman, Benjamin, and Jenny Sanford. “David Dao on United Airlines.” Harvard Business School Case 917-026, May 2017. (educator access at HBP. request a courtesy copy.)
In widely circulated videos, United staff and Chicago security forcibly remove a passenger from his paid seat on an aircraft, injuring him severely. United leadership must decide how to respond to public outcry.
Teaching Materials:
David Dao on United Airlines – Teaching Note (HBP 917027)
American Airlines – price advertising violations (2017)
Complaint. Answer. DOT request for evidentiary support and AA response. Docket and public comments.
Status: Dismissal.
Summary: price advertising violations including mischaracterizing surcharges as “tax”