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ARTICLE · 01 MARCH 2024

Is It Gaming The System If Not Specifically Prohibited?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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These plaintiffs say no. And, even if they are, plaintiffs say, they should be allowed to do so if they're not violating any program or promotional offer terms.

United StatesMedia, Telecoms, IT, Entertainment

These plaintiffs say no. And, even if they are, plaintiffs say, they should be allowed to do so if they're not violating any program or promotional offer terms.

At issue in a recently-filed putative class action in the Northern District of California is American Airlines' frequent flier – or loyalty – program. AAdvantage members earn "miles" which can then be redeemed for various program benefits, including flights, upgrades, car rentals and more. Members earn miles in various ways, including by flying with AA, engaging in other qualifying activities, buying miles and, most significantly here, obtaining and using an AA-branded credit card acquired through one of AA's card issuer promotional partners. Members could earn significant miles as an enrollment bonus and then for using the card. According to plaintiffs, applying for and receiving multiple co-branded cards through the same card issuer did not violate AAdvantage program terms. And, so, plaintiffs did just

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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