Judge Rules Delta Must Face Lawsuit Over "Window Seats" That Have No Windows
A Brooklyn judge allowed passengers' claims to proceed, but did not rule on whether the airline is liable.
A federal judge in Brooklyn has allowed a lawsuit against Delta Air Lines to move forward after passengers said they paid extra for window seats and were seated beside blank cabin walls.
U.S. District Judge Ramon Reyes rejected the airline's request to dismiss the proposed class action on Wednesday. The ruling allows the passengers to pursue their claims; it does not decide whether Delta is liable.
The passengers allege that Delta did not disclose during booking that some seats on Boeing 737, Boeing 757 and Airbus A321 aircraft have no window beside them. They say the extra fees bought them something the airline did not provide.
Delta argued that its contract does not guarantee particular seats and that operating needs can require changes in aircraft and seating arrangements. The judge found a reasonable dispute over what the airline had promised passengers who paid for window seats. Delta declined to comment on the pending case.