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Airline sued over lost luggage, refusal to refund fee

by CHRIS INGALLS / KING 5 News

Bio | Email | Follow: @cjingalls

KING5.com

Posted on July 20, 2010 at 5:04 PM

Updated Tuesday, Jul 20 at 5:47 PM

SEATAC, Wash. – A Pierce County woman is suing American Airlines, saying her checked bag fee should be refunded after the airline lost her luggage. It's a case that could reach class action status and could cost airlines millions of dollars.

The lawsuit, filed in Seattle federal court says American refused to refund her $25 bag check fee. The suit seeks class action status, saying American has refused refunds to potentially thousands of passengers whose bags are missing or damaged.

Millions of dollars per month are potentially at stake. The U.S. Department of Transportation says American Airlines passengers reported 23,000 mishandled bags in May. That same month among all airlines, 160,000 bags were lost or damaged – bags that could have garnered the airlines up to $4 million in fees.

The idea that carriers might hold on to some of that money rubs fee-weary travelers the wrong way.

"I think it's totally wrong. I don't care if it's American or United or anyone else. I'd be furious," said traveler Wayne Pinkstaff. "It's bad enough to lose the bag and to go through all the grief to try and get it back, but once I get it back and I still have to pay the fees, I don't think so."

"I think that they should pay the money back. If you're having to pay for a service like that and they're not able to deliver on it, I think it should be paid back," said traveler Laurie Mernett.

American Airlines says it won't comment on the lawsuit because it hasn't seen it. An airline spokesman argues that a passenger can get a refund if that passenger files a claim. The lawsuit says the woman was denied a refund. It doesn't say whether she filed a formal claim for the refund.

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Comments: Displaying 1 - 15 of 16

mrbigred8 said on July 23, 2010 at 9:41 AM

Wow, you checked DOT statistics, but did you even bother to check any other airline other than American? Most airlines WILL give you a refund upon request if your bag is mishandled or lost. What would happen if there were statistics presented on the PERCENTAGE of checked baggage that is lost? Why didn't Mr. KING Reporter include that? It is quite small. I'm not an apologist for the airline industry, but rather am frustrated by half-researched and half-baked, sensationalized reporting that does nothing but mislead the gullible public. ...or was it just a slow news day, and this helped with ratings?

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bodybuilder said on July 21, 2010 at 11:30 AM

I wonder if any honeymooners lost their sex videos....

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lucyred said on July 21, 2010 at 7:37 AM

to Peterpan2020 ~ re your comment: So What!?

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justhonest said on July 21, 2010 at 2:26 AM

I agree your baggage is not treated well but the statement "they break guitars" who would check one. Putting your wedding pictures, Video and video camera in your suitcase and checking it is asking for trouble. Anyone knows not to check valubles.

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lundgren said on July 20, 2010 at 11:55 PM

Have some wealthy friends who have private jets!

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clear2copy said on July 20, 2010 at 10:00 PM

Not to mention that the felons the airlines hire to handle baggage rummage through your stuff while it's in the hold of the plane.. Travel light.. carry on only if possible.

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peterpan2020 said on July 20, 2010 at 9:01 PM

yeah.. so what!? I lost my "extra" fee luggage on outbound flight to China in 2003. In it were our wedding photos and video.. plus the new video camera and other things that the United Airline Counter clerk taped shut into a card board box as to off load overweight luggage. Yes.. it is MUCH cheaper to pay extra bag fee opposed to oversize/overweight charges.. but, in this case.. it cost much much more! United Beijing did nothing with my claim but loose it. Later, we learned (and filed a police report) there was a well orchestrated Baggage Theft gang working SEATAC. You may be able to google search a Snohomish Wife's suspicion of so many suitcases and others overfilling her garage that lead to the investigation/sting that nabbed these total jerks and Theives! Worse.. my Allstate homeowners did ZERO but waste my time. Actually.. 3x the Insurance failed to provide anything! (had some horrific Renters - stole or broke numerous items.. including the hot tub!). File a SEATAC Police report!

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tracer2009 said on July 20, 2010 at 8:48 PM

Take the train.

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bodybuilder said on July 20, 2010 at 6:55 PM

They should give this woman a sincere apology and life time free flights.

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robsow said on July 20, 2010 at 6:50 PM

They should refund her money for the flight too as a penalty.

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coffeekate said on July 20, 2010 at 6:01 PM

If the airline failed to provide a service (delivering the baggage), I'd think contract law would require them to refund the fee. If she paid by credit card, I'd think she could get a refund from them. But, this is one of those cases where I think class action status is probably justified and appropriate. The airlines baggage handling success rate is inexcusable.

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wawolf said on July 20, 2010 at 5:56 PM

I know people who have worked in the airline industry and I can pass along their advice: *Never every pack anything of value or that is at all fragile in your checked luggage.* Not only do luggage handlers often mishandle it, but the equipment that is used to convey and sort it puts a lot of force and pressure on your luggage.

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rainydave said on July 20, 2010 at 5:34 PM

When in doubt...SUE THEM!! Such is the sad state of affairs in the US of A.

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yucki1 said on July 20, 2010 at 5:33 PM

I watched a baggage handler drop kick and drag my bag onto the plane. When I picked it up at Seatac sure enough the straps were missing and there were huge holes and oil spots. United said they would fix the holes nothing else. They were rude, refused to refund the 50.00 fee I paid, and left me standing at the baggage counter for over 40 minutes while they got the address of the place I was supposed to take my bag for repair. I won't fly them again. I also heard they break guitars.

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yogibear said on July 20, 2010 at 5:19 PM

I wonder if she filled out the refund form they bring up in the final sentence?

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akrandy said on July 20, 2010 at 5:13 PM

GOOD FOR HER!!! YOU GO GIRL!!!

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