A New York federal judge has rejected Delta Air Lines’ motion to dismiss a proposed class-action lawsuit, accusing the airline of deceptive practices and breach of contract for charging extra fees for windowless “window seats,” Law360 reported on November 4.
Delta Air Lines now faces a proposed class-action lawsuit for allegedly charging extra for window seats with no window. A passenger named Nicholas Meyer sued Delta in the U.S. District Court for the Eastern District of New York on August 19, 2025. In his court documents, Meyer alleged that he paid extra for window seats on a trip from LaGuardia Airport (LGA) to John Wayne Airport (SNA) in Orange County.
However, when he boarded a Boeing 757-200 for the second part of his journey, his seat, 23F, was next to a blank cabin wall. According to SimpleFlying, the lawsuit alleges that Delta sells certain windowless seats on its Boeing 737, Boeing 757 and Airbus A321, positioning them as window seats.
Delta Air Lines faces lawsuit over premium fees for windowless ‘window’ seats – More details
The class-action lawsuit, filed by a Delta Air Lines passenger, claims the carrier breached its contract by charging extra fees for “window seats” that turned out to be blank cabin walls, without prior notice. The lawsuit seeks damages for the extra fees paid by an estimated more than one million affected passengers.
On November 4, US District Judge Ramon E. Reyes Jr. of the Eastern District of New York denied Delta Air Lines’ motion to dismiss the case. In its statement, Delta argued that the court should dismiss the lawsuit on several grounds. According to Law360, Delta’s defense centered on its Contract of Carriage, which it says makes no promise to provide passengers with a window. It also explicitly states that seat assignments “are not guaranteed and form no part of this contract.”
On the other hand, the plaintiffs argued that the mention of the word “window” is a commitment by the airline to provide an actual window seat, especially since it has been charging an additional fee for it. Carter Greenbaum, attorney for the plaintiff, said:
“They sold customers window seats and ended up seating them next to a wall.”
The original lawsuit also claimed that some seats on Delta’s 737s, 757s and A321s have no windows because of air conditioning ducts. However, Delta did not make this clear during booking. The plaintiffs say in their complaint that if Delta Air Lines had made the lack of windows clear at the time of booking, they would not have paid extra for the seats.
