USA: Supreme Court refuses to hear Frequent Flyer Depot case

American Airlines’ frequent flyer program prohibits the purchase or sale of the program’s mileage credit or award tickets and makes such mileage or tickets void if transferred for cash or other consideration. American sued Frequent Flyer Depot, and its owners for brokering AAdvantage mileage credit and award tickets. In September 2008, the trial court granted the airline’s request for a temporary injunction and issued an order enjoining the brokers from purchasing, brokering, bartering, selling, offering for sale or soliciting AAdvantage mileage credit or award tickets through the completion of the trial. The appeals court rejected Frequent Flyer Depot’s appeal and held that the airline’s contract with its frequent flyer program members is based on mutuality of obligation and thus is enforceable.The US Supreme Court has now refused to lift the temporary injunction against Frequent Flyer Depot.Case: Frequent Flyer Depot v. American Airlines, 09-815Sources: The NV Flyer, eTurboNews

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