WASHINGTON, D.C. (WOWO)  — United Airlines is asking a federal judge to dismiss a proposed class-action lawsuit accusing the airline of charging passengers for “window seats” that do not have exterior windows.

The motion, filed in the Northern District of California, argues that the term “window” refers only to the seat’s location next to the aircraft wall, not to any promise of an exterior view. United said its contract of carriage, agreed to at ticket purchase, does not guarantee a window view.

The lawsuit, filed in August alongside a similar case against Delta Air Lines, alleges that some passengers paid up to $169.99 for window seats on aircraft including Boeing 737s, 757s, and Airbus A320s and A321s, only to find blank cabin walls caused by ducts, conduits, or other aircraft components. Plaintiffs say many passengers select window seats for comfort, to reduce anxiety or motion sickness.

United cited federal law in its motion, noting courts have generally held that passengers cannot bring breach-of-contract claims over airline fees and surcharges, including extra charges for preferred seats.

Plaintiffs’ attorney Carter Greenbaum said the airline’s argument is contrary to passengers’ reasonable expectations and that consumers should not pay for “empty promises.”

The case remains under review in federal court.