If all else fails in a dispute with an air carrier, you can always take your complaint to small claims court — and win. That’s more than theoretical advice dispensed by this travel columnist. It really works, as Linda Sesa recently learned after having a difference of opinion with US Airways.
Sesa, a nurse practitioner from Yardley, Pa., had some trouble when she tried to board a flight from St. Lucia to Charlotte. A problem that US Airways didn’t think was much of a problem. Until a court of law got involved.
Here’s Sesa’s story:
My daughter and I arrived two hours prior to our flight. We patiently waited in the one and only line at the airport ticket counter.
After an hour, an announcement was made that a US Airways flight was now arriving from Charlotte. At this point we became concerned, knowing that this was our flight. We immediately consulted with an airport employee who directed us to the US Airways counter, located only a few yards from where we had been standing in line.
Unfortunately, there were no employees located at the US Airways ticket counter and it was closed, so we asked numerous airport employees and security personnel to help us contact a US Airways representative.
A US Airways representative appeared after 10 minutes and informed us that we were not permitted to board. Our request to speak with a supervisor was denied.
Finally, about 15 minutes before our flight’s departure, a supervisor arrived to speak with us. She confirmed that she was the one who denied us access to our flight. When questioning her as to why she made this decision, she simply stated that we were in the wrong line. I asked her how that could be possible as there was only one line in that small St. Lucia airport, and the US Airways counter had closed with no representative present for the entire two hours that we had been in the airport.
The supervisor said that missing our flight was, indeed, her responsibility, but that she was not responsible or obligated to arrange another flight for us, to find us hotel accommodations, or arrange for transportation. She then told us that the next US Airways flight to the United States would not be leaving until the following Saturday, one week later.
Sesa spent $1,500 to buy a ticket on another airline and wrote a letter to US Airways, asking for compensation. Here is its response:
Dear Ms. Sesa:
Thank you for your recent correspondence to the Executive Office of Customer Relations at US Airways.
We apologize our original attempt to resolve this issue was not to your satisfaction. As customer satisfaction is our main focus, we want to be sure the decisions we make are based on research, facts, policies and procedures, along with customer perceptions.
Please understand we are not trying to diminish the incident you brought to our attention. We are very concerned about any breakdown in service that disrupts or detracts from the enjoyable travel experience our customers have a right to expect.
This incident was reviewed and after careful evaluation, we were unable to honor your request of a full refund of the American Airlines tickets. However, the offer of two $400.00 Transportation Vouchers is still on the table for your decision. Please advise if you would like the vouchers to be sent.
Again, please accept our apology for your inconvenience.
Sincerely,
A. J. Rosner
Executive Liaison
Customer Relations
At this point, Sesa asked me for my opinion. I told her that I thought US Airways’ response was not adequate, and urged her to take her case to a small claims court . She did. (By the way, going to small claims court is easy. You don’t need a lawyer and it’s a pretty simple process.)
This morning she followed up with the results:
I went to small claims court last Friday. No one from US Airways showed up. The judge asked me what happened, I told her, she was appalled, and I won by default. US Airways will be ordered to pay me.
Bottom line: small claims court works when all else fails. I’ve noted that in a previous blog entry, too.
What I’d really like to see is something with more weight — a group of passengers going after the airlines in a higher court for their negligent behavior toward customers. Something tells me the last 11 months should be reason enough to file a complaint. And win.
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{ 8 comments… read them below or add one }
Don’t forget the Attorney General’s Consumer Fraud Complaint process in the state of your choice
That whole reply from US just oozes with contempt.
“Thank you for your recent correspondence to the Executive Office of Customer Relations at US Airways.”
=Thank you for contacting this “office” that is in no way related to the one you are a customer of.
“We apologize our original attempt to resolve this issue was not to your satisfaction.”
This is the most sincere apology ever. Because they’re not apologizing at all.
“Please understand we are not trying to diminish the incident you brought to our attention.”
=Again, we have nothing to do with US airlines that you (tried to) flew with. We find it amusing though that you contact us about their poor customer service. Hihi.
I love that they call delivering their product an “incident”.
“We are very concerned about any breakdown in service that disrupts or detracts from the enjoyable travel experience our customers have a right to expect.”
Those darned customers! They have expectations! Yuk.
“This incident was reviewed and after careful evaluation, we were unable to honor your request of a full refund of the American Airlines tickets.”
Again, insincerity at its best. They are perfectly able to honor the request. They just chose not to honor it.
“However, the offer of two $400.00 Transportation Vouchers is still on the table for your decision. Please advise if you would like the vouchers to be sent.”
=”advise”, because we’re not sure yet if we’re gonna honor your advise. We might change our mind and just have fun with you. We like hiding carrots. Hihi.
It’s nice to see justice done, but now is the hard part: getting them to actually pay. I heard some horror stories about people who win in small court, yet never see the money when the defendant stalls, appeals, etc… They have the deep pockets and the in-house lawyers. If they feel like it, they can stall almost forever. Please keep us informed on whether you are able to make them pay (and how).
If you can get the account number of one of US Airways Bank accounts getting the money is relatively simple in PA.
As Ivan A pointed out, this is why ANY issue you have with an airline or other travel carrier should be brought to the light of day via any kind of media attention you can generate. ONE court that deep pockets actually hurts you is the court of public opinion. Which is where this case should ultimately be decided.
For the record, a friend of mine once sued an insurance company in small claims court. He won. They laughed at him when he attempted to collect. He visited the sheriff and, on a Monday morning, had their headquarters building padlocked until payment was received – in CASH. The sheriff is very good at enforcing judgements.
Now that the court affirmed her claim she has to collect from US Air.
I think that might be a lot harder that getting to their ticket counter to check in for a flight. How can you force a large corp like US Air to pay?
For Payment:
Have small claims court issue an order to the sheriff to escort you to claim airline property as compensation.
Go to airport and take a check-in “pedestal” machine just as a flight is being called for boarding. Or maybe two of the machines.
Small claims did it for me. After being a refugee standed at the US Airways terminal in Philadelphia en route to Europe for 2 days. I got tired of listening to their platitudes and insults. Small claims awarded me $1700+ for my hardship.