Can Airline Legally Refuse Boarding for NO Reason?










9














Can an airline that serves North America (USA & Canada) and Western Europe (Schengen areas + UK) deny a passenger boarding for no reason at all?



I know airlines, especially in the USA, seem to have wide latitude in denying a passenger boarding. However I want to know if after taking your money an airline can legally refuse you boarding without any reason.










share|improve this question



















  • 9




    I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
    – mkennedy
    Apr 10 '17 at 19:44






  • 1




    ^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
    – nukeguy
    Apr 10 '17 at 19:48






  • 1




    @mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
    – Honorary World Citizen
    Apr 10 '17 at 19:52







  • 1




    So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
    – brhans
    Apr 10 '17 at 20:11






  • 2




    This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
    – Johns-305
    Apr 11 '17 at 12:28















9














Can an airline that serves North America (USA & Canada) and Western Europe (Schengen areas + UK) deny a passenger boarding for no reason at all?



I know airlines, especially in the USA, seem to have wide latitude in denying a passenger boarding. However I want to know if after taking your money an airline can legally refuse you boarding without any reason.










share|improve this question



















  • 9




    I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
    – mkennedy
    Apr 10 '17 at 19:44






  • 1




    ^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
    – nukeguy
    Apr 10 '17 at 19:48






  • 1




    @mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
    – Honorary World Citizen
    Apr 10 '17 at 19:52







  • 1




    So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
    – brhans
    Apr 10 '17 at 20:11






  • 2




    This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
    – Johns-305
    Apr 11 '17 at 12:28













9












9








9







Can an airline that serves North America (USA & Canada) and Western Europe (Schengen areas + UK) deny a passenger boarding for no reason at all?



I know airlines, especially in the USA, seem to have wide latitude in denying a passenger boarding. However I want to know if after taking your money an airline can legally refuse you boarding without any reason.










share|improve this question















Can an airline that serves North America (USA & Canada) and Western Europe (Schengen areas + UK) deny a passenger boarding for no reason at all?



I know airlines, especially in the USA, seem to have wide latitude in denying a passenger boarding. However I want to know if after taking your money an airline can legally refuse you boarding without any reason.







air-travel usa schengen uk passenger-rights






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited Apr 12 '17 at 4:01









Andy

4491313




4491313










asked Apr 10 '17 at 19:39









Honorary World Citizen

18.7k353103




18.7k353103







  • 9




    I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
    – mkennedy
    Apr 10 '17 at 19:44






  • 1




    ^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
    – nukeguy
    Apr 10 '17 at 19:48






  • 1




    @mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
    – Honorary World Citizen
    Apr 10 '17 at 19:52







  • 1




    So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
    – brhans
    Apr 10 '17 at 20:11






  • 2




    This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
    – Johns-305
    Apr 11 '17 at 12:28












  • 9




    I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
    – mkennedy
    Apr 10 '17 at 19:44






  • 1




    ^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
    – nukeguy
    Apr 10 '17 at 19:48






  • 1




    @mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
    – Honorary World Citizen
    Apr 10 '17 at 19:52







  • 1




    So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
    – brhans
    Apr 10 '17 at 20:11






  • 2




    This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
    – Johns-305
    Apr 11 '17 at 12:28







9




9




I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
– mkennedy
Apr 10 '17 at 19:44




I think 'without any reason'/'for no reason at all' are the wrong phrases. I think you mean 'for any reason'. And I think you're really asking 'for a reason that I don't think is valid.'
– mkennedy
Apr 10 '17 at 19:44




1




1




^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
– nukeguy
Apr 10 '17 at 19:48




^What @mkennedy said. An airline is a business and a business generally wouldn't do anything that will harm their reputation unless they have a financial incentive to do so. An overbooked flight might fall under the "for a reason that I don't think is valid" category.
– nukeguy
Apr 10 '17 at 19:48




1




1




@mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
– Honorary World Citizen
Apr 10 '17 at 19:52





@mkennedy et al I don't mean any reason, because for example they cannot deny you boarding because you're Asian, or Old etc, those are covered by anti-discrimination laws. I mean can they just deny you without a reason. Maybe my phrasing is not the best however I hope you get the idea as laid out in the body of the question. Any editing to clarify is welcome as always.
– Honorary World Citizen
Apr 10 '17 at 19:52





1




1




So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
– brhans
Apr 10 '17 at 20:11




So what you're really asking is "If an airline denies boarding - do they have to tell me the reason?" ?
– brhans
Apr 10 '17 at 20:11




2




2




This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
– Johns-305
Apr 11 '17 at 12:28




This question is entirely specious. There is no "consumer rights issue" with the UA situation. No, an airline would remove someone from a flight for some random reason. Why would they?
– Johns-305
Apr 11 '17 at 12:28










5 Answers
5






active

oldest

votes


















0














Yes unfortunately airlines can refuse boarding or remove a passenger from a plane for any reason at all. Even of the passenger has paid full fare for the ticket. Passengers do not have many rights when it comes to being on an airline.






share|improve this answer




























    14














    United contract of carriage has a list for




    UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons




    including




    Passengers who fail to comply with or interfere with the duties of the members of the flight crew,




    Let me break this down to make it easier understand




    Passengers who fail to comply with the members of the flight crew,




    that is pretty close to "Simon says". And since US federal regulations have similar wordings, all other US airlines will be happy to kick you off if you don't do what the crew says (you might even get into prison for it).






    share|improve this answer
















    • 6




      It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
      – Pont
      Apr 11 '17 at 8:53










    • #2 could include an expenses paid vacation to jail as well.
      – Matthew Whited
      Apr 11 '17 at 14:54






    • 1




      @Pont And since it is their plane, that seems pretty reasonable.
      – Andy
      Apr 12 '17 at 1:32


















    11














    With regard to the EU, yes.



    The EU regulation (261/2004) acknowledges that a passenger can be denied boarding against their will and sets out the rights of the passenger to compensation and accommodation, but does not restrict the airline in reasons for denying boarding against the passengers will.



    The regulation also sets out situations in which the airlines liabilities are limited.



    http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF






    share|improve this answer




















    • Comments are not for extended discussion; this conversation has been moved to chat.
      – JoErNanO
      Apr 12 '17 at 8:29


















    5















    Can Airline Legally Refuse Boarding for NO Reason?




    Technically, yes because the aircraft is private property. However, they would still be bound by the Contract of Carriage. But, the conditions are so broad that they will argue that any reason is covered by the CoC.



    Operationally, no, because any denied boarding has to be logged and a 'reason' noted. But, that 'reason' can be as nebulous as concern by the flight crew.






    share|improve this answer






























      -6














      In the United States, absolutely not. See, for example, 15 USC 45(a)(1) which says, "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.".



      I challenge anyone to argue with a straight face that contracting to provide a service and then failing to provide it in the manner expected for no reason whatsoever, causing harm to the consumer despite being able to avoid that harm, is not unfair. You would have to argue that the word "unfair" means nothing at all.



      In fact, this perfectly meets the standards for unfairness because:



      1) It causes harm to consumers.

      2) Consumers cannot reasonably avoid the harm.

      3) It is not outweighed by any countervailing benefit.



      That is essentially the legal test for whether a business practice is unfair.



      Regardless of what the contract says, United States law prohibits a business from adopting a practice that causes unavoidable harm to consumers unless there is some benefit from that practice that outweighs the harm. In effect, it prohibits businesses from being manifestly unreasonable.






      share|improve this answer






















      • Comments are not for extended discussion; this conversation has been moved to chat.
        – JoErNanO
        Apr 11 '17 at 19:00










      Your Answer








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      5 Answers
      5






      active

      oldest

      votes








      5 Answers
      5






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes









      0














      Yes unfortunately airlines can refuse boarding or remove a passenger from a plane for any reason at all. Even of the passenger has paid full fare for the ticket. Passengers do not have many rights when it comes to being on an airline.






      share|improve this answer

























        0














        Yes unfortunately airlines can refuse boarding or remove a passenger from a plane for any reason at all. Even of the passenger has paid full fare for the ticket. Passengers do not have many rights when it comes to being on an airline.






        share|improve this answer























          0












          0








          0






          Yes unfortunately airlines can refuse boarding or remove a passenger from a plane for any reason at all. Even of the passenger has paid full fare for the ticket. Passengers do not have many rights when it comes to being on an airline.






          share|improve this answer












          Yes unfortunately airlines can refuse boarding or remove a passenger from a plane for any reason at all. Even of the passenger has paid full fare for the ticket. Passengers do not have many rights when it comes to being on an airline.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered Apr 12 '17 at 4:56









          Oremo Ochillo

          361




          361























              14














              United contract of carriage has a list for




              UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons




              including




              Passengers who fail to comply with or interfere with the duties of the members of the flight crew,




              Let me break this down to make it easier understand




              Passengers who fail to comply with the members of the flight crew,




              that is pretty close to "Simon says". And since US federal regulations have similar wordings, all other US airlines will be happy to kick you off if you don't do what the crew says (you might even get into prison for it).






              share|improve this answer
















              • 6




                It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
                – Pont
                Apr 11 '17 at 8:53










              • #2 could include an expenses paid vacation to jail as well.
                – Matthew Whited
                Apr 11 '17 at 14:54






              • 1




                @Pont And since it is their plane, that seems pretty reasonable.
                – Andy
                Apr 12 '17 at 1:32















              14














              United contract of carriage has a list for




              UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons




              including




              Passengers who fail to comply with or interfere with the duties of the members of the flight crew,




              Let me break this down to make it easier understand




              Passengers who fail to comply with the members of the flight crew,




              that is pretty close to "Simon says". And since US federal regulations have similar wordings, all other US airlines will be happy to kick you off if you don't do what the crew says (you might even get into prison for it).






              share|improve this answer
















              • 6




                It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
                – Pont
                Apr 11 '17 at 8:53










              • #2 could include an expenses paid vacation to jail as well.
                – Matthew Whited
                Apr 11 '17 at 14:54






              • 1




                @Pont And since it is their plane, that seems pretty reasonable.
                – Andy
                Apr 12 '17 at 1:32













              14












              14








              14






              United contract of carriage has a list for




              UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons




              including




              Passengers who fail to comply with or interfere with the duties of the members of the flight crew,




              Let me break this down to make it easier understand




              Passengers who fail to comply with the members of the flight crew,




              that is pretty close to "Simon says". And since US federal regulations have similar wordings, all other US airlines will be happy to kick you off if you don't do what the crew says (you might even get into prison for it).






              share|improve this answer












              United contract of carriage has a list for




              UA shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons




              including




              Passengers who fail to comply with or interfere with the duties of the members of the flight crew,




              Let me break this down to make it easier understand




              Passengers who fail to comply with the members of the flight crew,




              that is pretty close to "Simon says". And since US federal regulations have similar wordings, all other US airlines will be happy to kick you off if you don't do what the crew says (you might even get into prison for it).







              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Apr 11 '17 at 4:18









              chx

              37k376183




              37k376183







              • 6




                It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
                – Pont
                Apr 11 '17 at 8:53










              • #2 could include an expenses paid vacation to jail as well.
                – Matthew Whited
                Apr 11 '17 at 14:54






              • 1




                @Pont And since it is their plane, that seems pretty reasonable.
                – Andy
                Apr 12 '17 at 1:32












              • 6




                It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
                – Pont
                Apr 11 '17 at 8:53










              • #2 could include an expenses paid vacation to jail as well.
                – Matthew Whited
                Apr 11 '17 at 14:54






              • 1




                @Pont And since it is their plane, that seems pretty reasonable.
                – Andy
                Apr 12 '17 at 1:32







              6




              6




              It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
              – Pont
              Apr 11 '17 at 8:53




              It's Simon Says with a side order of Catch-22: if the flight attendant says "leave the plane", you either (1) comply, which you can only do by leaving the plane, or (2) don't comply, which grants them the right to force you to leave the plane.
              – Pont
              Apr 11 '17 at 8:53












              #2 could include an expenses paid vacation to jail as well.
              – Matthew Whited
              Apr 11 '17 at 14:54




              #2 could include an expenses paid vacation to jail as well.
              – Matthew Whited
              Apr 11 '17 at 14:54




              1




              1




              @Pont And since it is their plane, that seems pretty reasonable.
              – Andy
              Apr 12 '17 at 1:32




              @Pont And since it is their plane, that seems pretty reasonable.
              – Andy
              Apr 12 '17 at 1:32











              11














              With regard to the EU, yes.



              The EU regulation (261/2004) acknowledges that a passenger can be denied boarding against their will and sets out the rights of the passenger to compensation and accommodation, but does not restrict the airline in reasons for denying boarding against the passengers will.



              The regulation also sets out situations in which the airlines liabilities are limited.



              http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF






              share|improve this answer




















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – JoErNanO
                Apr 12 '17 at 8:29















              11














              With regard to the EU, yes.



              The EU regulation (261/2004) acknowledges that a passenger can be denied boarding against their will and sets out the rights of the passenger to compensation and accommodation, but does not restrict the airline in reasons for denying boarding against the passengers will.



              The regulation also sets out situations in which the airlines liabilities are limited.



              http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF






              share|improve this answer




















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – JoErNanO
                Apr 12 '17 at 8:29













              11












              11








              11






              With regard to the EU, yes.



              The EU regulation (261/2004) acknowledges that a passenger can be denied boarding against their will and sets out the rights of the passenger to compensation and accommodation, but does not restrict the airline in reasons for denying boarding against the passengers will.



              The regulation also sets out situations in which the airlines liabilities are limited.



              http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF






              share|improve this answer












              With regard to the EU, yes.



              The EU regulation (261/2004) acknowledges that a passenger can be denied boarding against their will and sets out the rights of the passenger to compensation and accommodation, but does not restrict the airline in reasons for denying boarding against the passengers will.



              The regulation also sets out situations in which the airlines liabilities are limited.



              http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF







              share|improve this answer












              share|improve this answer



              share|improve this answer










              answered Apr 10 '17 at 20:06









              Moo

              14.2k35065




              14.2k35065











              • Comments are not for extended discussion; this conversation has been moved to chat.
                – JoErNanO
                Apr 12 '17 at 8:29
















              • Comments are not for extended discussion; this conversation has been moved to chat.
                – JoErNanO
                Apr 12 '17 at 8:29















              Comments are not for extended discussion; this conversation has been moved to chat.
              – JoErNanO
              Apr 12 '17 at 8:29




              Comments are not for extended discussion; this conversation has been moved to chat.
              – JoErNanO
              Apr 12 '17 at 8:29











              5















              Can Airline Legally Refuse Boarding for NO Reason?




              Technically, yes because the aircraft is private property. However, they would still be bound by the Contract of Carriage. But, the conditions are so broad that they will argue that any reason is covered by the CoC.



              Operationally, no, because any denied boarding has to be logged and a 'reason' noted. But, that 'reason' can be as nebulous as concern by the flight crew.






              share|improve this answer



























                5















                Can Airline Legally Refuse Boarding for NO Reason?




                Technically, yes because the aircraft is private property. However, they would still be bound by the Contract of Carriage. But, the conditions are so broad that they will argue that any reason is covered by the CoC.



                Operationally, no, because any denied boarding has to be logged and a 'reason' noted. But, that 'reason' can be as nebulous as concern by the flight crew.






                share|improve this answer

























                  5












                  5








                  5







                  Can Airline Legally Refuse Boarding for NO Reason?




                  Technically, yes because the aircraft is private property. However, they would still be bound by the Contract of Carriage. But, the conditions are so broad that they will argue that any reason is covered by the CoC.



                  Operationally, no, because any denied boarding has to be logged and a 'reason' noted. But, that 'reason' can be as nebulous as concern by the flight crew.






                  share|improve this answer















                  Can Airline Legally Refuse Boarding for NO Reason?




                  Technically, yes because the aircraft is private property. However, they would still be bound by the Contract of Carriage. But, the conditions are so broad that they will argue that any reason is covered by the CoC.



                  Operationally, no, because any denied boarding has to be logged and a 'reason' noted. But, that 'reason' can be as nebulous as concern by the flight crew.







                  share|improve this answer














                  share|improve this answer



                  share|improve this answer








                  edited Nov 16 at 11:23









                  Kate Gregory

                  58.4k10155254




                  58.4k10155254










                  answered Apr 11 '17 at 12:49









                  Johns-305

                  28k5696




                  28k5696





















                      -6














                      In the United States, absolutely not. See, for example, 15 USC 45(a)(1) which says, "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.".



                      I challenge anyone to argue with a straight face that contracting to provide a service and then failing to provide it in the manner expected for no reason whatsoever, causing harm to the consumer despite being able to avoid that harm, is not unfair. You would have to argue that the word "unfair" means nothing at all.



                      In fact, this perfectly meets the standards for unfairness because:



                      1) It causes harm to consumers.

                      2) Consumers cannot reasonably avoid the harm.

                      3) It is not outweighed by any countervailing benefit.



                      That is essentially the legal test for whether a business practice is unfair.



                      Regardless of what the contract says, United States law prohibits a business from adopting a practice that causes unavoidable harm to consumers unless there is some benefit from that practice that outweighs the harm. In effect, it prohibits businesses from being manifestly unreasonable.






                      share|improve this answer






















                      • Comments are not for extended discussion; this conversation has been moved to chat.
                        – JoErNanO
                        Apr 11 '17 at 19:00















                      -6














                      In the United States, absolutely not. See, for example, 15 USC 45(a)(1) which says, "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.".



                      I challenge anyone to argue with a straight face that contracting to provide a service and then failing to provide it in the manner expected for no reason whatsoever, causing harm to the consumer despite being able to avoid that harm, is not unfair. You would have to argue that the word "unfair" means nothing at all.



                      In fact, this perfectly meets the standards for unfairness because:



                      1) It causes harm to consumers.

                      2) Consumers cannot reasonably avoid the harm.

                      3) It is not outweighed by any countervailing benefit.



                      That is essentially the legal test for whether a business practice is unfair.



                      Regardless of what the contract says, United States law prohibits a business from adopting a practice that causes unavoidable harm to consumers unless there is some benefit from that practice that outweighs the harm. In effect, it prohibits businesses from being manifestly unreasonable.






                      share|improve this answer






















                      • Comments are not for extended discussion; this conversation has been moved to chat.
                        – JoErNanO
                        Apr 11 '17 at 19:00













                      -6












                      -6








                      -6






                      In the United States, absolutely not. See, for example, 15 USC 45(a)(1) which says, "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.".



                      I challenge anyone to argue with a straight face that contracting to provide a service and then failing to provide it in the manner expected for no reason whatsoever, causing harm to the consumer despite being able to avoid that harm, is not unfair. You would have to argue that the word "unfair" means nothing at all.



                      In fact, this perfectly meets the standards for unfairness because:



                      1) It causes harm to consumers.

                      2) Consumers cannot reasonably avoid the harm.

                      3) It is not outweighed by any countervailing benefit.



                      That is essentially the legal test for whether a business practice is unfair.



                      Regardless of what the contract says, United States law prohibits a business from adopting a practice that causes unavoidable harm to consumers unless there is some benefit from that practice that outweighs the harm. In effect, it prohibits businesses from being manifestly unreasonable.






                      share|improve this answer














                      In the United States, absolutely not. See, for example, 15 USC 45(a)(1) which says, "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.".



                      I challenge anyone to argue with a straight face that contracting to provide a service and then failing to provide it in the manner expected for no reason whatsoever, causing harm to the consumer despite being able to avoid that harm, is not unfair. You would have to argue that the word "unfair" means nothing at all.



                      In fact, this perfectly meets the standards for unfairness because:



                      1) It causes harm to consumers.

                      2) Consumers cannot reasonably avoid the harm.

                      3) It is not outweighed by any countervailing benefit.



                      That is essentially the legal test for whether a business practice is unfair.



                      Regardless of what the contract says, United States law prohibits a business from adopting a practice that causes unavoidable harm to consumers unless there is some benefit from that practice that outweighs the harm. In effect, it prohibits businesses from being manifestly unreasonable.







                      share|improve this answer














                      share|improve this answer



                      share|improve this answer








                      edited Apr 11 '17 at 18:15

























                      answered Apr 11 '17 at 17:49









                      David Schwartz

                      976




                      976











                      • Comments are not for extended discussion; this conversation has been moved to chat.
                        – JoErNanO
                        Apr 11 '17 at 19:00
















                      • Comments are not for extended discussion; this conversation has been moved to chat.
                        – JoErNanO
                        Apr 11 '17 at 19:00















                      Comments are not for extended discussion; this conversation has been moved to chat.
                      – JoErNanO
                      Apr 11 '17 at 19:00




                      Comments are not for extended discussion; this conversation has been moved to chat.
                      – JoErNanO
                      Apr 11 '17 at 19:00

















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