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Ayala Files Class Action Lawsuit Against LATAM Airlines Alleging Its No-Show Policy is Unlawful

By April 13, 2020May 20th, 2021No Comments

Ayala filed a lawsuit on behalf of its client, a Florida limited liability company (TM Solutions), alleging that, when LATAM cancelled the flights TM Solutions purchased for its employees, despite having been told that the passengers needed these flights, LATAM violated the Montreal Convention and Florida consumer protection statutes.

The class action also alleges that LATAM policy of cancelling consumers’ flights, when they cannot make one leg of their route, unjustly enriches it at the expense of consumers who are then stranded at airports, scrambling to find expensive, last minute replacement flights when they had already paid LATAM for their return trip.

As described in the Complaint: “It would be very inexpensive and simple for LATAM to request their consumers’ consent to resell or cancel flights that consumers will not use, but LATAM, as a matter of policy, does not obtain this consent because it would deprive LATAM of a rather profitable resale scheme under its current “no-show” policy whereby LATAM nets the price of a single flight twice, enlarging its already formidable bottom line.” Complaint at ¶26.

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