Dropped From Frequent Flyer Program After The Airline Said He 'Complained Too Much'

The Supreme Court Of The United States (SCOTUS) on Tuesday heard arguments from a Brooklyn-born rabbi who has been cut from Delta's Frequent Flyer program because, the airline said, he complained too much.

Rabbi Binyomin Ginsberg now lives in Minneapolis. He had attained "Platinum Elite" status with the Northwest Airlines WorldPerks program, which no longer exists, in 2005 after 15 years of flying as a consultant and educator.

When Delta bought Northwest in 2010 they acquired the frequent flyers as well. The airline claims that Ginsberg complained about their service 24 times over eight months, leading them to cancel his membership and void his acquired miles.

The New York Daily News reports that Ginsberg said before the Supreme Court that he "wasn't complaining about too much salt on the peanuts." He had been on a flight that included a lengthy tarmac delay with no indication as to the problem. He sued for breach of contract when his miles were voided.

But the larger question for the court is whether Ginsberg has standing to sue the airline at all after the 1978 federal deregulation act. That law states that such lawsuits against airlines are not allowed, and that they could lead to state-by-state rules that the federal deregulation sought to prevent.

The airline says it offers its frequent flyer program at its sole discretion.

Ginsberg said that he wasn't complaining when he made those calls, but offering constructive feedback solicited by the airline. He said overall, the service on Northwest was good. He said he was not looking for any monetary settlement. "This was fighting for the rights of the common citizens," he said.

FMI: www.supremecourt.gov