Anyone who has flown on a U.S. airline recently knows that booking the route is just the first step.

Once you choose your flights, you then have to decide: Pay for a checked bag or a carry on? Book a preferred seat in an exit row or an aisle? Add the fee for early boarding? And the list of possible fees goes on.

When you consider all these add-ons, it makes sense that some airlines make more of their revenue from these extra or “ancillary” fees than they do from the cost of the ticket.

Low-cost carriers that make more than half their revenue from add-on fees:

  • Frontier Airlines gets 62% of total revenue from extra fees.
  • Spirit Airlines gets 58.7% of total revenue from extra fees.
  • Volaris gets 55.3% of total revenue from extra fees.
  • Breeze Airways gets 54% of total revenue from extra fees.
  • Allegiant gets 52.9% of total revenue from extra fees.
    Source: Frommers

It’s not just low-cost carriers that benefit from ancillary revenue. Still, no matter what airline you’re flying, you’d think that when you pay for one of the add-ons, like a window seat, you’d get what you paid for.

It turns out that major airlines such as United Airlines and Delta Air Lines sell “window seats” that don’t actually offer passengers a view.

A recent lawsuit targeting these two carriers alleges that thousands of travelers paid extra for seats with a view only to find themselves seated next to a wall rather than a window. ​

Delta Air Lines faces allegations that it doesn’t always provide window seats to people who have purchased them.

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Airline class action lawsuits explained

The current wave of class action litigation centers on complaints that United Airlines and Delta Air Lines failed to properly disclose the absence of a window in certain “window seat” positions — often on aircraft models like the Boeing 737, Boeing 757, and Airbus A321.

United can charge $50 for window seat assignment on domestic flights and $100 for some international flights, while Delta passengers must pay up to $40 to reach a higher ticket tier, at which point they would need to pay more than $30 to pick their window seat, according to the lawsuits.

Related: Delta Air Lines forced to cancel flights, issue travel waivers

The lawsuits, filed in federal courts in San Francisco and Brooklyn, allege that over a million passengers who paid premium prices are affected, with some seats fetching hundreds of dollars in extra fees, despite lacking a view of the sky.

  • Meyer v. Delta Airlines, Inc. “Breach of Contract,” class action suit filed in the U.S. District Court for the Eastern District of New York, No. 25-04608
  • Brenman et al v. United Airlines Inc. “Breach of Contract,” class action filed in U.S. District Court, Northern District of San Francisco, No. 25-06995

Lawyers for passengers argue that calling a seat a “window seat” creates a reasonable expectation of a window, an expectation that airlines have failed to meet.

In contrast, competitors such as Alaska Airlines and American Airlines reportedly notify customers during booking if a window seat is actually missing its window.​

Airlines’ response to window seat lawsuit

The airlines facing these lawsuits have responded with legal motions of their own, seeking dismissal, arguing that the term “window seat” merely refers to the location of a seat next to the plane’s wall, rather than a guarantee of an exterior view.

United Airlines, in its motion to dismiss filed in the Northern District of California on November 6, stated that its use of “window” for marketing purposes is consistent with how seats are labeled across the industry.

United claims that design realities, including the placement of air conditioning ducts and wiring, make it impossible to guarantee a window in every seat positioned by the aircraft wall, as reported in Aerospace Global News.

Related: Another regional airline files for Chapter 11 bankruptcy

United’s position, however, has prompted backlash from consumer advocates. Critics say this approach undermines the trust passengers place in booking platforms and inflates prices based on misleading representations.

“A company can’t misrepresent the nature of the products it sells and then rely on third party reviews to say a customer should have known that it was lying,” Carter Greenbaum, a lawyer whose firm filed the two lawsuits, told the New York Post.

The ability to find information from third-party websites doesn’t excuse Delta’s and United’s conduct, he said.

Implications for class action law against airlines

These cases highlight new frontiers in consumer protection and class action lawsuits, especially in the travel and hospitality sectors.

Courts are increasingly focused on whether class members have been equitably treated and whether settlements offer relief that matches what passengers could reasonably expect to obtain if the case went to trial.​

For travelers, the outcome of these lawsuits could reshape how airlines are required to disclose seat features and charge premiums. In the future, they may be required to clearly label windowless window seats, and even establish a compensation plan for affected passengers.​

Class actions such as these often lead to broader policy changes, as seen in previous consumer lawsuits that forced more transparent pricing or better disclosure of terms and conditions.​

Previous class action lawsuits against airlines

  • Southwest and American Airlines settled for $60 million over allegations they conspired to increase domestic airfares by restricting capacity, impacting millions of passengers who bought tickets between 2011 and 2018.
    Source: Cotchett, Pitre & McCarthy, LLP and Hausfeld, LLP press release ​​​
  • Delta Air Lines agreed to pay $27.3 million to passengers whose flights were canceled during the Covid pandemic, resolving claims of improper refund denials.
    Source: Business Insider​​​
  • Frontier Airlines is subject to multiple class actions alleging deceptive fee disclosures (especially for baggage) and misrepresentation of their “All You Can Fly Pass,” leaving customers unable to book as expected.
    Source: Top Class Actions​
  • The U.S. Department of Transportation sued Southwest Airlines for illegally operating chronically delayed flights, seeking civil penalties for unrealistic scheduling that disrupted thousands of travelers.
    Source: U.S. Department of Transportation

If plaintiffs succeed this time around, airlines could face multimillion-dollar refunds or new regulatory requirements, potentially affecting profitability and competitive standing.

​What to do if that window seat is windowless

  • Follow developments in class action cases for the prospect of compensation or future policy changes affecting seat labeling and pricing.
  • When booking window seats, review airline policies and booking platform details to ensure you know what you’re getting.
  • If you find yourself in a windowless “window seat,” document the experience. You may need to provide photos and receipts in order to get reimbursed or obtain part of a settlement.

Related: AT&T data breach class action settlement could pay customers $7,500