So here is the response I got. Denied cabin is not denied boarding.
Thank you for your follow up message.
United Airlines and EL AL Israel (EL AL) have provided us with all the information we requested in regards to your case and we have completed our review.
Based on the information you and the reservation information which both carriers provided us, we conclude that we cannot pursue the incident mentioned in your complaint as the DOT has no enforcement jurisdiction. United reviewed the booking with us and advised this was an Award ticket booking. Your original ticket was booked on 12/22/15 and the class of service was booked in Economy. However, on January 14, 2016 it was exchanged and upgraded to Business/First and you paid the additional miles to do so.
El AL clearly read the fare basis code on the ticket incorrectly as an error and advised you could be downgraded or pay the difference in fare.
Additionally, EL AL provided our office with the passenger data on this flight, it was not in an oversold situation. Each class, First, Business and Economy on flight LY 2/ January 25, 2016 all had available seats in each of those cabins.
Although this incident represents poor handling and customer service, as the flight was not in an oversold situation; the conclusion is involuntary denied boarding compensation under Rule 14 CFR section 250 would not be due in this instance.
If a consumer is seeking financial restitution, they have the right to pursue that action thru their local jurisdiction such as small claims courts. Furthermore, a full detailed investigation typically is not the result of a single complaint, but results from a noticeable trend in a carriers patterns or practices. Lastly, any civil penalties collected as a result of an investigation is payable to the US Treasury and not individual consumers.
We are concerned about your experience with EL AL. We will continue to review and monitor EL AL to determine the extent to which the carrier is in compliance with our regulations and to track trends or spot areas of concern which we feel may warrant further action in the future.
Although we do not mediate individual consumer complaints, we have entered your complaint in our computerized industry monitoring system, and it will be charged to the company in our monthly Air Travel Consumer Report. This report is widely distributed and made available to the news media and the general public so that both consumers and air travel companies can compare the complaint records of individual airlines and tour operators. This system also serves as a basis for rulemaking, legislation and research. These complaints are also routinely reviewed to determine the extent to which carriers are in compliance with our regulations and to track trends or spot areas of concern which we feel may warrant further action in the future.
Any additional information you provide will be added to your case.
Thank you for allowing me the opportunity to review this matter.
Sincerely,