The airlines maintain that points, mileage or whatever you want to call it, is related to the fare of a flight. When the airline industry was deregulated, congress agreed that they would not regulate fares. Ergo, the airlines argue congress can not pass any law that impacts points or miles either. they maintain it is a contract between the airline and member of program subject to whatever terms and conditions they place on their programs. Whether this argument is true or not is something the supreme court considered I believe during the “Ginsburg vs Northwest Et Al” case it heard last year. Perhaps some lawyer has access to the decision and how they ruled.
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