The Airline Deregulation Act of 1978 Preempts Most Claims Involving Airlines
Delta filed a motion to dismiss the consumer’s complaint and in its motion, the company argued that Plaintiff’s breach of contract claims were barred because they were preempted by the federal Airline Deregulation Act (ADA) [Cite]. The ADA was enacted by Congress in 1978 and deregulated the airline industry and converted it from government controlled to a private and free market industry. Federal courts have repeatedly held that claims that are connected to an airline’s core services are prempted by the ADA; however, claims related to an airlines amenities, like in flight beverage and food service and personal service for disabled passengers.
Delta Hired Good Attorneys to Draft the Agreements
The essential problem the proposed class faced was the that Delta drafted all of the documents at issue and Delta clearly appointed a team of good breach of contract attorneys. The contract of carriage did not state anything about how Delta would handle its customers’ data and did not say anything about how it would transfer or protect data it provided to third parties. So Delta could do whatever it wanted with the customer data apparently. The court found that the plaintiffs were essentially seeking to enlarge and amend the terms of the parties’ contract of carriage, which was preempted by the ADA.
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