What happens when an attorney packs all of his credit cards and debit cards into his checked baggage before boarding a 9 hour 40 minute flight from Honolulu (HNL) to Newark (EWR)? A law suit of course!
Last year Attorney Michael Rosen took a trip to Honolulu Hawaii with Continental Airlines (now United Airlines), on Mr. Rosen’s flight from Newark he used his credit card to purchase headsets to enjoy the in-flight entertainment. When Mr. Rosen purchased the headsets on board the Continental Boeing 767-424/ER, the only aircraft assigned to this route for many years, the flight attendant informed him that he could use the headsets on his return flight and all future Continental Airlines flights.
After a few days in Honolulu Mr. Rosen boarded another Continental Boeing 767-424/ER to fly back to Newark from Honolulu and claims to have discovered the headsets purchased on his outbound flight would not work with his return aircraft’s in-flight entertainment.
Mr. Rosen then allegedly attempted to purchase a new pair of headsets from the flight attendants for US$3 using cash when he was informed that purchases in flight were cashless only.Mr. Rosen then claims he was unable to use a credit card to purchase new headsets, as he had packed all of his credit cards [and debit cards] in his checked luggage.
Rather than face the fact that all Continental Airlines 767-424/ER aircraft use compatible headset jacks and that is highly unusual for someone to carry their ID and cash on board a flight while checking all their credit cards, Mr. Rosen retained Attorney Nathan Kittner and filed a law suit against Continental Airlines (now United Airlines).
What is Mr. Rosen’s legal complaint against Continental Airlines? That the airline is engaged in “unlawful discrimination against individuals who do not physically possess a debit or credit card” and that Public Law 89-81, 79 Statute 254, The Coinage Act of 1965, “U.S. coins and currency are legal tender for all debts, public charges, taxes, and dues.”
Mr. Rosen’s suit further claims that Continental Airlines was engaged in false advertising when he was informed the headsets purchased on his out bound flight would work on his return flight, a violation of the New Jersey Consumer Fraud Act.
Continental Airlines’ motion to dismiss Docket L008257-10, Rosen v Continental, is being heard this morning in Essex County, New Jersey.
So what can we all learn from Mr. Rosen’s experience?
1) Bring your own headsets and airline in-seat adapter (they come with many headsets now)
2) Never bring your cash and ID on board a flight but check your credit cards … for lots of reasons.