Delta Air Lines must face lawsuit over windowless ‘window seats,’ judge rules

A federal judge in New York threw out a request Wednesday by one of the nation’s largest air carriers to dismiss a class action lawsuit over window seats on one of its flights.

Big picture view:

U.S. District Judge Ramon Reyes ruled there was a reasonable dispute over Delta’s "contract of carriage" and whether it actually required the airline to provide window seats to passengers who paid for them. 

The contract of carriage states that Delta "does not offer tickets or contracts to customers that guarantee particular seats." 

Reyes did not decide the lawsuit’s merits. 

What they're saying:

Atlanta-based Delta Air Lines argued for the dismissal of the suit, saying the inherent nature of airline operations should absolve it from guaranteeing seat assignments. 

Casey Olbrantz, who represents the four passengers suing the airline, said the judge’s ruling was "a significant precedent in establishing that, despite federal regulation, passengers can still hold airlines accountable when they don’t get what they paid for." 

The backstory:

Four disgruntled passengers filed class actions in August 2025 after they say they paid for window seats but found themselves sitting next to walls on Boeing 737, Boeing 757 and Aurbus A321 planes. The plaintiffs argue passengers buy window seats to address fear of flying and motion sickness as well as to keep children occupied, get more light or enjoy the view. They said that when they booked their flight, Delta did not disclose that there were no windows beside their "window seats." 

In July, a federal judge in San Francisco tossed a similar motion from United Airlines to dismiss a similar lawsuit. 

The lawsuits seek millions in damages for more than 1 million passengers per carrier. 

 

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