The Quest for a Refund

November 22, 2010 10:36 am

Jess and I have decided we will travel by land for our Christmas travel in order to not be subjected to the invasive, demeaning, and/or cancer-causing security requirements of flying. Luckily my work schedule is such that we can spend the extra time traveling to and from Texas without cutting into the time we planned to actually be there. Regardless, as part of this decision I’ve been seeking a refund for the tickets we purchased in September.

My opinion is that when I purchased the tickets on September 25 I did so with the understanding that passing through security was required in order to receive the service I paid for (namely, being flown from A to B). At the time there was a security screening option which I considered tolerable. Therefore I accepted that screening requirement as an implied condition of the transaction.

On October 28, more than a full month after my purchase, the TSA changed the requirements of the security process and all the options became intolerable. To me it seems fair to say that the implied condition of my transaction with the airline changed without my consent. Since the terms of our contract changed without my consent I should be entitled to a refund because I reject the new terms of the agreement.

Of course, the Southwest customer service representative didn’t agree with my position. While she agreed that passing through security was a requirement to receiving the service I paid for, her position was that because Southwest doesn’t control the TSA I wasn’t entitled to a refund from Southwest because of something that the TSA did.

I think this is entirely bogus. Southwest’s contract of carriage makes no mention of security screening requirements, however I think it’s fairly obvious that they must be included in any discussion of the contract as an implied condition—refusing to comply will result in you being denied boarding, being removed from the airport, and potentially being arrested and fined up to $11,000. I’ve also checked the contracts of carriage for Delta, American Airlines, and US Airways. None of which make mention of requiring conformity with security screening requirements except to say it is the passenger’s responsibility to arrive with enough time to undergo any such requirements. JetBlue’s, however, explicitly says “Passengers and their baggage are subject to inspection with or without the Passenger’s consent or knowledge.” So if you fly JetBlue you should be aware that you’ve agreed to be inspected without your consent or knowledge. Not cool JetBlue.

In contrast. Amtrak’s conditions of transportation explicitly state “Passengers failing to consent to security procedures will be denied access to trains and refused carriage, and a refund will be offered.” So it is clearly not unreasonable to suggest that the carrier should refund the ticket when the passenger refuses to comply with security procedures.

After getting nowhere with the Southwest CSR I asked to speak with a supervisor and was told that she was a supervisor. So I told her I’d be pursuing this further, which she, of course, didn’t care about.

[INTERMISSION]

My next step was to log on to my credit card company (Citi Bank)’s website and file a charge dispute. I explained my position, why I felt I was entitled to a refund, and how Southwest responded to my request. As I was about halfway through the form I got a popup suggesting I could chat with a CSR about my dispute. So I did that which got me nowhere. I know why they have that option because they want to nip disputes in the bud when it’s someone making a fruitless claim. But I explained to that CSR what my dispute was about and was directed to submit the online dispute form. And I did so.

I’ve since received notification that the dispute has been supported by Citi Bank which means that they provided a conditional refund on the charge and have sent the dispute to Southwest. So now I’m waiting to hear Southwest’s response.

If Southwest denies the refund I’m planning to send what’s known as an Executive Email Carpet Bomb. Which is essentially sending an email of complaint to any and all executives for which an email address can be found. This is a fairly popular move with the Consumerist.org website and can be successful when other methods fail.

If that does fail, however, I am fully grumpy enough and ready to take the matter to small claims court. I don’t see how anyone could reasonably consider this to amount to anything but a change in the terms of our contract.

The truth of the matter is this:
Southwest: If you buy this ticket, in order to use it you have to be cleared by the TSA.
Me: TSA, what do I have to do to be allowed on the plane?
TSA: You have to do X.
Me: OK.
[33 days later]
TSA: Oh, by the way you now have to do Y to board your plane. We don’t allow X anymore.
Me: No way.
Southwest: Too bad, thanks for the money.

So much for the “Southwest Difference.”

I refuse to participate

November 13, 2010 8:30 pm

I was going to wait to write this post until I’d written the letters I intend to send, but I want to write this now while there is some media attention on the matter.

I refuse to participate in the TSA’s X-ray backscatter devices. I refuse to participate in the TSA’s “enhanced” (read: extra-invasive) pat-downs.

Given that we purchased our plane tickets for Christmas many weeks ago before the TSA changed its pat-down procedure, December will be the last time I fly on a plane until some semblance of rationality is restored to the screening process.

I put up with the normal pat-down; it was an inconvenience but no worse than being frisked at a concert. However, I won’t put up with the new pat-downs.

I don’t consider a full-body scan a reasonable condition for boarding a plane. I don’t consider a full-body pat-down a reasonable condition for boarding a plane. I will travel by means that have sane security checks or I will not travel.

I plan to write a letter explaining my position and sending it to all the major airlines, the FAA, the TSA, and my congressional representatives. It will be sad if the only way to get this to change is to destroy the air travel industry. But apparently we need to convince some large corporations that the TSA is hurting their business.

Yes, not traveling by air will be inconvenient. But there are options. I’ve been looking into long-distance travel with Amtrak. You can book private bedrooms. They’re not amazingly cheap, but I’m willing to travel less often and spend more if it means maintaining some semblance of my civil rights. I’ve already written to Amtrak explaining why they have a perfect opportunity to make me happy to travel again. I really hope they don’t disappoint me.

I hope more people will join me in refusing to participate in the TSA’s invasive and demeaning security checks. We are law-abiding citizens. We shouldn’t be treated like criminals just to travel within our own country.

I felt completely safe boarding planes with an X-ray scan of luggage and a simple metal detector. I will feel perfectly safe returning to that level of security.

Sorry if the facts contradict your propaganda

November 4, 2010 9:44 pm

Apparently a lot of people believe that everything wrong with the economy right now is the fault of the Democrats. In particular many people believe that the economic stimulus plan was entirely the Democrats’ (and President Obama’s) idea. And that if we could just get all the Democrats out of office things would be better. And if Republicans had been in control the bailout would never have happened.

As much as I enjoy bashing politicians, unfortunately this issue needs some factual correction. I now refer you to H.R. 1424, better known as the law that created the Troubled Asset Relief Program (TARP), the main body of the economic stimulus plan, a.k.a. the bailout. Most importantly I’d like to draw your attention to the votes in both the House and the Senate, as well as the signature of the president who signed the bill into law.

Senate Vote On Passage: H.R. 1424 [110th]: Emergency Economic Stabilization Act of 2008:
Democrats: 40 Y – 9 N
Republicans: 33 Y – 15 N

On Motion to Concur in Senate Amendments: H R 1424 Emergency Economic Stabilization Act of 2008:
Democrats: 172 Y – 63 N
Republicans: 91 Y – 108 N

President Signs H.R. 1424 into law:
George H. W. Bush

Also important to note to those that believe the Democrats are to blame is that the Democrats didn’t have even a chance of overriding a presidential veto. You need 2/3 in both the House and Senate. In the House Democrats had 172 yes votes of 435 seats (less than 40%). In the Senate Democrats had 40 yes votes of 100 (exactly 40%). President Bush could have vetoed the bill and then it would have simply died.

Now, to be clear. The idea of bailing out the major financial institutions that created the housing mess didn’t sit well with me either. But I’m under no delusion that it was the Democrats’ fault.

(I promise I’ll try to be done with political posts for awhile.)

We throw big parties and write bills for them, but we swear it’s not lobbying

October 29, 2010 8:35 am

NPR has an exclusive article about the American Legislative Exchange Council (ALEC) and how it shapes legislation across the nation. ALEC is a membership organization. Legislators pay $50 per year, corporations pay upwards of $20,000 per year (totaling ~$6 billion a year). They hold all-expenses-paid conferences where corporations and legislators get together and “discuss” laws. While ALEC is paying for the conferences you can see from the membership fee distribution that it’s really corporations footing the bill.

Part 1 talks about how the text of the AZ immigration law was essentially identical to a bill written during an ALEC conference in association with private prison industry representatives.

Part 2 goes more in-depth about ALEC itself.

You may be thinking, okay it’s a lobbying group, nothing particularly unusual about that. But that’s exactly the catch. ALEC and its members are incredibly careful to make sure you don’t call it a lobbying group. Because lobbyists have all sorts of regulations they have to follow.

Here are some priceless quotes:

From Part 1:

[Michael] Hough works for ALEC, but he’s also running for state delegate in Maryland, and if elected says he plans to support a similar bill to Arizona’s law.

Asked if the private companies usually get to write model bills for the legislators, Hough said, “Yeah, that’s the way it’s set up. It’s a public-private partnership. We believe both sides, businesses and lawmakers should be at the same table, together.”

From Part 2:

Is it lobbying when private corporations pay money to sit in a room with state lawmakers to draft legislation that they then introduce back home? [Michael] Bowman, a former lobbyist, says, “No, because we’re not advocating any positions. We don’t tell members to take these bills. We just expose best practices. All we’re really doing is developing policies that are in model bill form.”

So, one representative from ALEC, Hough, says it’s normal for corporations to write the bills. But another ALEC rep, Bowman, says they don’t advocate any particular position. The corporations just present their viewpoints in the form of bills that could be passed.

These corporations, out of the goodness of their hearts, are willing to pay tens of thousands of dollars a year to get together with legislators just to have neutral discussions of policy. Surely they wouldn’t dare push for a particular position or law that might benefit their company.

ALEC holds conferences which include baseball games, golf tournaments, parties, and entertainment for children. None of which has to be reported by the legislators as corporate gifts. And indeed, not a single participating legislator in Arizona reported any of these as corporate gifts, they reported receiving benefits in excess of $500 from ALEC.

Why not? Well, they’re not being paid for by corporations, they’re being paid for by ALEC. And, ALEC isn’t really paying for it, the legislators are being charged, but they all, conveniently, receive so-called “scholarships” to cover their costs.

The whole thing stinks.

“It’s not lobbying, it’s education!” is the claim from ALEC. Well guess what. In computer science we have educational conferences too. Who pays for them? All the people that want to attend and learn. We pay for our own lodging, food, transportation, and registration fees. And if Microsoft were to come along and say “we’re holding a conference, all expenses paid, here’s your plane ticket, see you next week” I could only assume that what I was about to attend was an advertising platform for Microsoft.

Traveling is so fun

September 21, 2010 12:17 pm

We’re on our way to Utah. I get to recruit at BYU again and with the addition of a plane ticket for Jess we get to have a brief partial vacation for very little cost to us.

At the moment we’re sitting in the airport. Today I had the privilege of refusing to go through the back-scatter machine and instead receive an unceremonious pat down. What a waste of time and money. I wish everyone would refuse to use the back-scatter machines so that they would be forced to get rid of them (or make them mandatory, which is probably more likely I suppose).

The pat down was as much of a joke for security as any other process currently in place. As far as I can tell it’s simply designed to be more awkward than the back-scatter machines so that people will just put up with the machines. It’s a normal pat down (actually I’m fairly certain I’ve received more thorough pat downs going in to concerts) with the addition of touching the bottoms of your feet and swabbing your hands with chemical detector swabs.

It certainly wouldn’t be remotely difficult to conceal something past the pat down I received. When will sanity and cost-benefit studies again be used to guide our decisions as a country?