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.
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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.
A state Superior Court judge dismissed the case in August of 2011, and the three-judge appellate court followed suit on Monday by tossing the appeal, according to northjersey.com.
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.
I plead the 2nd!
2:30 pm on Monday, February 25, 2013
"This note is legal tender for debts public and private" I think the courts are actually wrong about this. If you do bidness in the USA, you have to take cash. read what is printed on the money. I don't like the Debt based dollar but you can't have it both ways. Either take it or don't sell it.
News Man
2:42 pm on Monday, February 25, 2013
Don't most of us carry our credit cards in our wallets?
I plead the 2nd!
2:55 pm on Monday, February 25, 2013
Most of us do. I do. But what if you are bankrupted and have to operate on cash? Should you not eat?
paul smith
11:05 pm on Monday, February 25, 2013
@john- I don't think airlines take cash for tickets any longer so a purchaser would have to use plastic- and putting your credit cards in your luggage is not the brightest thing to do- especially in terms of lost luggage-
Matt Allen
9:31 am on Tuesday, February 26, 2013
""This note is legal tender for debts public and private"... If you do bidness in the USA, you have to take cash.... "
What a bunch of rubbish! The 'legal tender' part protects the rights of the receiver, not the person paying. The person receiving the cash is assured of the legality through that statement. However, he has every right to seek other forms of payment.
There is a reason that even the lawyer did not pursue such insane logic in his lawsuit.
RB
3:11 pm on Monday, February 25, 2013
Not very bright if you check your credit cards with your luggage.
jp1
4:23 pm on Monday, February 25, 2013
Just plain too bad,get over it.
I plead the 2nd!
4:42 pm on Monday, February 25, 2013
I fly first class and get everything free anyway.
RB
5:34 pm on Monday, February 25, 2013
If you think you're getting anything "free" by flying first class, you should look over your statements. You are grossly overpaying for poor service. I fly first class too and never think I'm getting anything free.
Mikka H
11:05 pm on Monday, February 25, 2013
Just a complete ass&$!?.....if you were stupid enough to "check your wallet" then no drink for you.....and we all know he's lying.......a complete waste of a lot of people's time......go back to Brooklyn .......
Anonymous
12:14 am on Tuesday, February 26, 2013
Something tells me there's a reason no one helped this attorney out. Wonder if the guy next to him, who was watching the antics, had a smirk on his face as he enjoyed his head phones, hoisted a few beers, and relaxed upon a wallet full of credit cards!
paul smith
11:46 am on Tuesday, February 26, 2013
Exactly- If this guy was acting like a jerk, I doubt his seatmate would bail him out. But he was sticking up for poor people who fly to Hawaii and have the wrong headset plug. There must be thousands of folks who have suffered this indignity.
RidgewoodBells
9:31 am on Tuesday, February 26, 2013
Did he ever think to maybe ask a fellow flyer (who was making a purchase with his/her credit card) to take his cash in return for a drink purchase on their card?
Harlan Consider
9:31 am on Tuesday, February 26, 2013
The guy is an opportunistic lawsuit filer. Maybe this one didn't work out but there will be future "incidents" where a new opportunity presents itself.
Brian
9:31 am on Tuesday, February 26, 2013
I appreciate that people like Michael are willing to take the time and energy to fight policies like these. We all know it is possible to work around the issue, but the point is that in America, cash should be able to be used for ANY purchase. That is the point of a national currency.
The airline will accept its own vouchers but not American dollars. Should Walmart or Amazon be allowed to do the same thing and undercut the exchange rate on the US dollar? Of course not. It would destabilize the dollar. US Airlines should be required to accept legal tender, plain and simple.
While the case may have failed, I think it helped to raise a real violation of our rights by the airlines.
paul smith
6:41 pm on Tuesday, February 26, 2013
Vouchers do not affect the money supply as they are proxy for redemption in guess what? DOLLARS!. And for WalMart, they might as well accept Remnimbi as they are a 3rd world emporium anyway.
Kristen
11:46 am on Tuesday, February 26, 2013
This story cracked me up. "First World White Male Entitlement Issues", anyone?
And probably if you're in bankrupcty, getting the flight attendant to take your cash on your flight home from Hawaii isn't your biggest problem. And who the heck CHECKS THEIR WALLET?? Just a weird, stupid story.
thetentman
11:46 am on Tuesday, February 26, 2013
Lawyer vs Airline, that's a tough one. I am not sure who to root for. Neither is a favorite entity. I don't doubt the lawyer is a tool but airlines should take cash.
RB
12:34 pm on Tuesday, February 26, 2013
It's not as easy as it sounds to have flight attendants handling cash.
Mikka H
1:28 pm on Tuesday, February 26, 2013
That's tooo funny Kristen, hit it right on the head.....Brian is in the same mind set...well, it's america, so.....ME ME ME ME ME ME ME ME .....
RdgwdGRock
4:11 pm on Tuesday, February 26, 2013
shark bites lawyer or lawyer bites shark: who do you root for? lawyer represents himself, has a client as a fool. etc, etc. this is much ado about nothing. only a fool would put his wallet into checked luggage. what is the big deal about handing over plastic to pay for the purchase in today's ever increasing cashless world. this guy is an opportunistic scum-bucket.
paul smith
4:57 pm on Tuesday, February 26, 2013
What's the difference between a lawyer and a catfish? One's a bottom feeding scum sucker.... and the other's a fish!!
I live here too
6:03 pm on Tuesday, February 26, 2013
We need to stop using plastic for every purchase and start carrying cash again.
The banks have conditioned us to swipe for every purchase and now Americans and America are paying for it. The banks got fat while the people overspent..
Anyone know the national average credit card debt in the country?
paul smith
6:41 pm on Tuesday, February 26, 2013
I use a debit card and monitor my spending to make sure I have money in my checking account. Get used to it.