Paid for a window seat, got a wall: lawsuit against United moves forward

Air travellers have been there: you buy a coveted window seat, settle in, and then realize...there's no window.

That all-too-familiar travel frustration is now at the centre of a U.S. class action lawsuit after a federal judge refused to throw out a case against United Airlines brought by passengers who say they paid for window seats that didn't actually have windows.

U.S. District Judge James Donato rejected United's argument that a "window" seat simply refers to its location beside the aircraft wall rather than guaranteeing passengers a view outside.

The lawsuit, filed last August, alleges that passengers who specifically selected and paid for window seats on certain Boeing 737, Boeing 757 and Airbus A321 aircraft instead found themselves staring at a blank cabin wall.

The plaintiffs claim United failed to disclose the missing windows during the booking process.

The judge also noted that United's ticketing terms, boarding passes and reservation screens clearly indicate the airline is providing window seats to passengers who pay for them.

"No more is needed at this stage for the breach claims to go forward," he ruled, according to Reuters.

"When consumers choose to book an airplane seat adjacent to the wall, they expect it to have a window," the lawsuit states.

“Indeed, during the seat selection process on its mobile app, United affirmatively describes every wall-adjacent seat as having a ‘window’—including the windowless seats,” it continues.

Windowless flying 

Windowless window seats aren't necessarily a mistake. On some aircraft, windows are omitted where the fuselage needs to accommodate air-conditioning ducts, electrical systems, wiring or structural components.

United has not commented on the lawsuit directly, but told Reuters it has “added more detail to our seat selection process, so customers can have more information about ‌what ⁠to expect when they choose a seat.”

The issue isn't unique to United. Reuters reports that Delta Air Lines is also trying to have a similar lawsuit dismissed in federal court in New York.

According to the legal filing, the plaintiffs say they booked window seats for a variety of reasons, including easing motion sickness and anxiety about flying, keeping children entertained, or simply enjoying the view.

The lawsuit seeks compensatory damages on behalf of what it claims could be "millions" of passengers who believed they were paying for an actual window seat.

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