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Reading: Judge Rejects United Airlines’ Bid to Dismiss Lawsuit Over Windowless ‘Window’ Seat
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Judge Rejects United Airlines’ Bid to Dismiss Lawsuit Over Windowless ‘Window’ Seat

Judge Rejects United Airlines’ Bid to Dismiss Lawsuit Over Windowless ‘Window’ Seat

Last updated: July 8, 2026 3:48 am
By Mary Prenon
4 Min Read
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Judge Rejects United Airlines’ Bid to Dismiss Lawsuit Over Windowless ‘Window’ Seat

A United Airlines jet taxis down a runway for takeoff at Denver International Airport on Dec. 24, 2024. David Zalubowski/AP Photo

Nearly a year after both United and Delta Airlines were hit with class action lawsuits over “windowless” window seats, a federal judge has ruled against United’s motion to dismiss.

Filed on Aug. 19, 2025, the litigation accused both airlines of charging travelers premium fees for window seats that were actually located next to a wall. The suit against United alleges that it knowingly engaged in this “misleading” practice for many years.

The airline declined to comment on the lawsuit but provided an update on its seat selection process in a statement to The Epoch Times.

“As part of our regular review of united.com and the United App to enhance the customer experience, in 2025 we added more detail to our seat selection process, so customers can have more information about what to expect when they choose a seat,” the statement said.

In his decision to reject United’s motion to dismiss, U.S. District Court Judge James Donato of the Northern District of California stated that the lawsuit can move forward and the airline will face the breach-of-contract claims.

“These terms plausibly establish that United expressly agreed to provide a seat with a window to passengers who paid for one,” the July 6 decision states. “The ticket that entitles the passenger to fly on United is a boarding pass that expressly states a window seat was purchased.”

In addition, the decision notes that the reservation screen used to purchase the ticket made “unequivocal representations at the time of booking” that United would provide a window seat.

While noting that United’s definition of “window seat” is meant to be a location relative to the aisle and not a literal seat next to a window, Donato said that the airline contracted to provide a “window seat” but did not do so.

The decision notes that United began charging seat selection fees in 2017, and set higher fees for more desirable seats, including window seats.

Donato’s decision additionally states that all of the claims in the lawsuit stem from contracts between United and its customers.

Last year’s filing also included many examples of written complaints as well as social media posts from frustrated travelers who said they paid extra fees for a window seat, only to be sitting next to a wall.

The lawsuit against Delta was filed in the U.S. District Court for the Eastern District of New York on the same day last year. Class action plaintiffs accused the airline of upselling “window” seats that actually had no windows.

An April 2026 report from NerdWallet noted that airlines typically charge more for window seats, as well as priority boarding and baggage.

Regarding seat selection fees, the personal finance website discovered that United had one of the highest seat selection fees with an average cost of $58.49 per flight. JetBlue had the highest seat selection fee at $73.33 per flight.

Delta, meanwhile, offered the lowest main cabin seat selection cost with an average price of just $24.99 for each flight.

“Seat selection fees are usually based on flight distance and demand, with the highest seat selection fees on transcontinental flights,” the report states.

Currently, United Airlines operates more than 800 aircraft serving hundreds of destinations across six continents. It offers almost 4,500 daily flights, transporting millions of passengers each year.

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