From Miami, Peter Cerdá, Vice President for America of the International Air Transport Association (IATA) – an organization dedicated to lobbying and coordinating global air trade that brings together more than 290 airlines from more than 100 countries, including Latam and its network of partner airlines – wrote a letter to the Minister of Economy, Lucas Palacios, asking him to intervene , in some undistingsed way, in order to prevent or impede the class action for the protection of consumer rights which the consumer association Conadecus brought against Latam.
Conadecus’s claim was brought by , in its view, the various and serious infringements of this airline to the Consumer Protection Act, which are detailed in the respective claim, especially for failing to return the money to consumers who purchased tickets and who were unable to travel as a result of the pandemic or other reasons. This libel was presented on behalf of all affected consumers.
It is surprising that IATA’s own letter starts from the premise that legal action is already in the hands of the Courts of Justice, so nothing can a Minister of State – in theory at least – do to hinder the course and processing of that class action.
For this reason, understood in the subject they interpret it (the letter of IATA) as a pressure for the Ministry of Economy to force the Sernac, which hierarchically and organically depends on that minister, to refrain from participating in this lawsuit in defence of consumers or, so that it does not initiate another class action against Latam, for reasons similar to those espoused by Conadecus , according to its powers and in view of the thousands and thousands of consumers affected by Latam’s conduct.
In its main paragraphs the letter from IATA to Minister Palacio reads as follows:
“On behalf of the International Air Transport Association (IATA) we would like, in the first instance, to thank our airlines for their support in addressing the difficult situation they are going through on behalf of COVID-19. However, we again turn to You to request your collaboration in the class action that the National Corporation of Consumers and Users (Conadecus) filed with a judge, in
against LATAM for alleged breaches of consumer laws and moral damages arising therefrom.”
“We understand that this lawsuit is before a judge of the Republic. However, the support of the Chilean Government is essential to demonstrate the great damage that can be suffered, not only LATAM and the other airlines operating in the country if this precedent is set, but also the Chilean legal system in the event that Conadecus’s claims are recognized, especially in the face of the alleged moral damage”.
“Additionally, in these times of crisis and even when it is already public knowledge that airlines are in difficult economic conditions, leading some to come to mechanisms such as Chapter 11 of U.S. business reorganizations, it would be highly inconvenient and very damaging for the Chilean airline industry to give credit for this demand.”
“(…) We appreciate your intervention in advance and are once again at the disposal of your Ministry to work on what you see fit and cope with this atypical situation, so that we can continue to provide a safe and efficient service to our passengers.”
