Ridgewood Attorney's "No-Cash-in-Cabin" Lawsuit Tossed by Court
Michael W. Rosen sued Continental airlines in 2011 after he was denied the purchase of an alcoholic beverage and a headphone set on a 2010 flight for only having cash.
An appeals court rejected a lawsuit filed by a Ridgewood man claiming Continental Airline's policy of not accepting cash in the cabin is a violation of consumer rights, media outlets reported Monday.
Michael W. Rosen, a lawyer from Ridgewood, claimed in his suit that when he boarded a flight from Newark to Hawaii in 2010 his headset could be reused on any flight. But the jack was incompatible on his return trip. A flight attendant told Rosen he would need to purchase a new headset, but with his credit cards checked in his luggage he was unable to make a transaction with just cash. He was also denied an alcoholic beverage for lack of credit cards.
Rosen sued for breach of contract, unlawful discrimination against low-income individuals who do not own credit cards, and violation of the state's consumer fraud laws.
The panel agreed with the trial judge that "federal law regulates airlines and preempts state consumer protections," the paper reported.
The panel found Rosen did not have the standing to file a lawsuit on behalf of low-income individuals, according to the Associated Press.