Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES—E.D. Tenn.: Unfair and deceptive practices claims against United Airlines dismissed, (Jun 20, 2014)

By Greg Hammond, J.D.

United Airlines, Inc. successfully obtained a dismissal of a claim that it violated the Tennessee Consumer Protection Act (TCPA) for alleged unfair and deceptive acts or practices. In granting United’s motion to dismiss, the federal district court in Knoxville, Tennessee determined that the consumer’s TCPA claims were expressly preempted under the Airline Deregulation Act (ADA) (Shipwash v United Airlines, Inc., June 18, 2014, Varlan, T).

Background. Michael Shipwash purchased tickets from United for a trip to Hawaii. After arriving at the airport for his return flight, a gate attendant announced that “the plane [was] having a problem with [its] communications but that problem [was] being worked on and [they would] be boarding shortly.” However, Shipwash alleged that the plane never boarded, the attendant gave the same “speech” approximately every hour for six hours, and the flight was ultimately canceled. He consequently filed suit, alleging—in part—violations of the TCPA and claims for unfair and deceptive acts or practices. United filed a motion to dismiss Shipwash’s complaint.

TCPA. In his complaint, Shipwash alleged that United violated the TCPA by engaging in unfair and deceptive conduct by intentionally misleading him with regard to the flight. Specifically, he asserted that the gate attendant’s announcement regarding “boarding shortly” was false. United argued that the TCPA claims should be dismissed because they are preempted by the ADA. According to the court, the ADA provides that “a State… may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier.” Because the court found that Shipwash’s claims related to United’s services as an air carrier, it found that the TCPA claims were expressly pre-empted by the ADA and granted United’s motion to dismiss this claim.

The case number is 3:13-CV-564-TAV-HBG.

Attorneys: Michael S. Shipwash, pro se. F. Michael Fitzpatrick (Arnett, Draper & Hagood) for United Airlines, Inc.

Companies: United Airlines, Inc.

Cases: StateUnfairTradePractices ConsumerProtection TennesseeNews