United digs in its heels on new credit card policy

by Janice Hough on July 17, 2009

It’s been a couple weeks since United Airlines shocked the travel industry by announcing that certain agencies would no longer be able to issue their tickets using a credit card.

Yes, that’s right, any credit card — even a United Mileage Plus Visa. Affected agencies would have to accept a check or cash payment from the client. Or they would have to send United cash and put the ticket on their own merchant account, thus both paying the credit card fees, and assuming liability for chargebacks.

Since that time, United has apparently sent out another round of letters, still to a relatively small group of agencies. Agencies sent the original letters were told the policy starts July 20. Agencies in the second round were given a start date of Aug. 3.

But there are already potential legal challenges. For example, United would look to be in violation of the American Express Merchant Agreement.

The agreement, states amongst other things that merchants “must not try to dissuade Cardmembers from using the card, or try to persuade or prompt Cardmembers to use any other payment methods (e.g. cheque.)” It also states that merchants may not “impose any restrictions, conditions or disadvantages that are not imposed equally on all other payment methods.”

In addition, as reported in the Miami Herald, some members of Congress have sent a letter to United asking them to reverse the move. And there are rumors that others in Congress are asking United to delay and justify their decision.

While no one knows for sure, one possibility is that United Airlines floated this as a trial balloon with a small number of agencies to see if the problems outweighed the potential savings.

One thing is for sure: we haven’t heard the last of this issue. And if the idea is withdrawn, no doubt they will be back with something else.

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  • alexia

    Just one more reason to not fly United. Although, I suppose it’s just a matter of time now before they all decide to do it.

  • Matthew from NYC

    What would be the consequences to United of American Express withdrawing charging rights for the airline? Significant I would imagine. AMEX have been very successful in getting companies with large travel budgets to use corporate cards, which significantly reduces administrative costs to those companies. Companies (including mine) would likely drop United as an option for their employees. Not a happy outcome for United.

  • John

    The Amex statements do not apply. United is “not try[ing] to dissuade Cardmembers from using the card, or try to persuade or prompt Cardmembers to use any other payment methods (e.g. cheque.)” They’re putting the agency in that position.

    I’m sure if you ask United. They are simply making the business decision to no longer accept credit cards from agencies they consider high risk. I’m sure that AMEX would not fault a business for failing to accept any form of payment but cash when United feels that there is a high risk of default or chargeback. Especially since these are considered “higher risk” transactions by AMEX anyway (check the fee schedule) due to the lack of a plate when charged.

    Having said that, if I were an agent, I’d never book another UAL ticket. Its a really dumb decision for the airline.

  • Janice Hough

    Thanks John, and if United only keeps this policy – assuming it’s not held up by legal challenge – with some agencies then you are right. If, however, the plan is to extend it to ALL agencies, then that’s a different matter.

    If agencies were getting commission, then it might be different, but when you have a $400 ticket and have to absorb credit card fees without compensation, then you HAVE to charge credit card fees to break even. Which means United is mandating different price levels.

    Not only does everyone not always have access to United’s website, you cannot buy a third party ticket on the site, unless that person has the same credit card. So, for example, a person booking a ticket for their child or a coworker MUST book through an agency if they are using a credit card because without the card of record, a passenger will be denied boarding. (I have had this happen to someone’s husband when his wife booked online with the airline with her card.)

    I have a feeling this is going to be a long saga….

  • Carlo

    It’s horse patootey. Shame on United.

  • John M

    From an article about United’s response to Congress:

    “United argued that its action “neither violates nor undermines the Fair Credit Billing Act. There will be no difference in how credit card disputes will be handled from a customer’s perspective. Customers who charge their tickets with travel agents will have the same rights they have always had, including the right to dispute charges to their card issuer for non-performed services.”

    While the customer may still dispute the charge for nonperformance, United will no longer suffer the consequences of those disputes. Under this plan the consumer will dispute the charge and the travel agency will get hit with it even though the agency did everything that it was supposed to do and had no control over the service provided by the airline. The consumer does not get the same protection, nor does the airline suffer for it’s nonperformance.

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