I’m a window-seat kind of flyer. I appreciate having the wall to lean on, a bit of extra privacy and, of course, the view. But on more than a few flights, I’ve reached my “window” seat only to discover (surprise!) there’s all wall and zero window.

It’s not exactly the end of the world for me, since on most overnight flights it’s dark anyway, so I try to just sleep. And for daytime flights, shades are often shut so passengers can enjoy in-flight entertainment screens without glare from the sun. But for some travelers, the total lack of a window in a window seat is more than just a minor inconvenience. Nervous or claustrophobic flyers, in particular, often like to see their surroundings or just want the ability to watch the world fly by.

As I’ve at times found out the hard way, not all airlines always make it clear whether your seat really comes with a window. The issue has become significant enough that passengers have now lodged lawsuits against two major U.S. carriers. To learn more, I contacted Danny Karon, a lawyer and expert in class action litigation, and Eric Napoli, the chief legal officer at passenger-rights organization AirHelp.

Here’s what you need to know about this disappointing flight downgrade, before you pick your next window seat.

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Why might you wind up in a windowless seat on certain airlines?

You Might Get A Windowless Window Seat
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Because you don’t know when you pick it. Airlines really love their add-ons, such as cabin class and extra legroom. When it comes to selecting a seat, you must now often upgrade for the ability to reserve one that’s available, whether it’s window, aisle or even that dreaded middle seat. Some airlines are upfront if a window seat might actually be windowless.

Others … well, they’re not so forthcoming, leaving some passengers unpleasantly surprised at boarding.

Which airlines don’t make it clear?

One of the reasons I sometimes end up without a window is because I’m a big fan of Atlanta-based Delta Air Lines, an airline that currently doesn’t indicate when booking if a window seat is next to a window or actually one of the few abutting a solid white wall. Another culprit leaving the guesswork to passengers is Chicago-based United Airlines.

Why do windowless window seats exist at all?

Reports indicate that some Boeing 737s, Boeings 757 and Airbus A321s operated by Delta and United have windowless seats due to internal components like electrical conduits and air-conditioning ducts.

What are passengers saying about the practice?

Passengers aren’t happy about getting stuck in a windowless window seat, and some have filed two class-action lawsuits over the practice: one against Delta, filed in Brooklyn, New York, and the other against United in San Francisco, California.

“The fact that flyers paid for window seats but didn’t get one is a killer fact,” says Karon, who is also the author of Your Lovable Lawyer’s Guide to Legal Wellness: Fighting Back Against a World That’s Out to Cheat You. Karon, who is not involved in the cases, adds: “It’s also a classic bait-and-switch. Unless the airlines suitably disclosed this fact—disclosure and fact are, of course, jury questions—flyers will win on the merits, meaning liability, as well as class.”

The Washington Post reported that lawyers for the defendants allege the two airlines are in breach of contract, contending there is “intentional misconduct.” The carriers, the lawsuits claim, possibly have charged millions of passengers extra fare to sit in window seats they knew didn’t come with the advertised perk.

In Delta’s case, the new lawsuit claims that passengers usually pay an extra fee to select seats in advance, and then again for the window seat itself.

Which airlines make it clear that your window seat doesn’t have a window?

Right now, the lawsuits indicate that two other major airlines, Alaska and American Airlines, do inform their customers when a windowless seat is being offered. Like Delta and United, both charge extra to select seats, but they are transparent during the booking process and inform customers about potential seat limitations, such as a windowless seat.

But with two major cases now wending their way through federal courts, charging for—but not informing airline customers of—windowless window seats could change, notes Napoli. “Given the legal pressure and public scrutiny facing Delta or United,” he says, “it’s possible they will either update displays or amend labeling to offer clearer transparency.”

What’s the best way to make sure you’re getting what you paid for?

Until there’s some sort of formal regulatory industry-wide standard, it’s imperative travelers who want to get what they’re paying for do their pre-flight homework. Check sites such as SeatGuru.com, which provide detailed seat maps for specific flights and detail potential downsides to certain selections. And if still in doubt, contact the airline to confirm that your “window” seat really does come with a view.

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About the experts

  • Danny Karon, author of Your Lovable Lawyer’s Guide to Legal Wellness: Fighting Back Against a World That’s Out to Cheat You, manages Cleveland-based Karon LLC, a law firm specializing in consumer fraud, antitrust and securities fraud litigation. Karon hosts a website, Your Lovable Lawyer, and teaches class actions at the University of Michigan Law School and The Ohio State University Moritz College of Law. Previously, he taught complex litigation at Columbia Law School.
  • Eric Napoli is the chief legal officer at AirHelp, the world’s largest organization specializing in air passenger rights. He has international experience in private practice, start-ups and a market-leading multinational tech company. Prior to joining AirHelp, Napoli worked at Amadeus IT group as their Senior Counsel, where he led a global team of lawyers supporting Amadeus’s worldwide airport IT, rail, innovation and advertising business units.

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