Also noteworthy are allegations that the “Fly Delta app is not the primary commercial activity of Delta,” and that “CalOPPA does not relate to rates, routes or services of any air carrier.” These allegations anticipate a preemption challenge by Delta pursuant to the Airline Deregulation Act. Delta would appear to have a strong argument that the suit is, indeed, preempted. As noted in the complaint, the app enables people to search for and book flights. Thus, the Attorney General’s argument that the app is not related to the “routes and services” of Delta would seem to face an uphill battle.
The one-count complaint seeks recovery under Cal. Bus. & Prof. Code § 17200, alleging that the violations of CalOPPA are “unfair” acts. In addition to injunctive relief, Harris seeks a $2,500 per-violation civil penalty.