Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
British Airways PLC is pushing back against several passengers who filed a class action lawsuit alleging that the airline failed to properly refund their tickets for canceled flights due to COVID-19.
The suit seeks to establish a Class of all passengers of British Airways canceled flights who weren’t refunded their ticket price. The class action lawsuit was originally filed by Stephen Ide in May 2020. An amended complaint filed last month added plaintiffs Karen Steele-Clarke, Philip Tenn, and Donald Dominique Jr.
The airline is requesting that a New York federal court throw out the suit. In a court filing submitted Friday, British Airways argued that Dominique’s claim requires arbitration and that the other plaintiffs don’t have anything to sue over.
According to British Airlines, after their flights were canceled, Ide and Steel-Clarke accepted vouchers for future travel rather than cash refunds. Tenn also received a voucher even though his tickets were reportedly non-refundable.
“BA has made clear that it will refund the purchase price for flights that it canceled, and it has done so,” the airline said in their filing.
According to the company, 921,000 cash refunds have been issued for British Airways canceled flights. The company says that they also offered vouchers for future travel, an option chosen by 346,000 other passengers. The option to choose a voucher for refunds was made available with purchases and customers were told to contact the airline “to discuss… refund options,” according to the company’s recent dismissal motion.
In the recent filing, the airline argued that Dominique couldn’t sue the company regarding his canceled flight because he had bought the tickets for that flight using Expedia. Expedia is an online booking platform that has its own terms of service, including a provision requiring customers to individually arbitrate claims related to their purchase.
The airline claims that plaintiffs can’t seek punitive damages for their British Airways canceled flights even if their case survives the recent legal challenge. The company argues that New York law doesn’t allow punitive damage claims in cases regarding breach of contract.
British Airways further argues that the customers are wrong to seek injunctive relief because they failed to prove that they will be injured by the Defendant’s actions moving forward.
“The plaintiffs have not alleged that they will purchase a BA flight in the future, nor that such flight will be cancelled by BA because of Covid-19, or that they will be denied a refund if properly requested,” the airline wrote.
The plaintiffs in this class action lawsuit are seeking damages, court costs, and attorneys’ fees. They also ask for the court to order the defendant to end its alleged practice of unlawfully failing to properly refund customers for their British Airways canceled flights.
British Airways isn’t the only airline facing litigation due to the pandemic. Several airlines have faced lawsuits regarding refunds for canceled flights including Southwest Airlines, Spirit Airlines, American Airlines, Hawaiian Airlines, and Allegiant Air. This trend began soon after a notice calling for refunds was published by the U.S. Department of Transportation (DOT).
The DOT issued an enforcement notice regarding flights canceled due to coronavirus on April 3. The notice warned airlines that they are still required to give refunds for canceled or significantly delayed flights, even if those cancellations were caused by government-imposed travel restrictions.
In their court filing, British Airways claims that the DOT notice is “merely guidance.” According to the airline, this notice is not grounds for a class action lawsuit. It further states that this notice couldn’t be used to argue the plaintiff’s claims in this case because the customers purchased their tickets after the notice was issued.
This class action lawsuit is one of many filed as a result of the widespread closures and restrictions related to the coronavirus pandemic. An overview of the lawsuits can be found on Top Class Actions’ Complete Guide to Coronavirus Lawsuits & Legal Issues.
If you purchased tickets for a British Airways flight that was later canceled due to the pandemic but never received a proper refund, comment about your experience below.
The customers and the proposed Class are represented by E. Polk, Scott Grzenczyk and Tom Watts of Girard Sharp LLP, as well as John G. Albanese, Shanon J. Carson and E. Michelle Drake of Berger Montague PC.
The British Airways Canceled Flights Class Action Lawsuit is Stephen Ide, et al. v. British Airways PLC, Case No. 1:20-cv-03542, in the U.S. District Court for the Southern District of New York.
Join a Free Coronavirus Class Action Lawsuit Investigation
If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
2 thoughts onBritish Airways Canceled Flights Class Action Faces Legal Challenge
I purchased 2 one way tickets on British Airways on Dec 27th , 2019 from London Heathrow to Copenhagen. We were scheduled to sail on a cruse leaving Copenhagen and just needed the one way flights. When Covid started I waited until the flights were cancelled, I did not cancel on my own. I called BA some time in the Spring and spoke to a Rep who told me I had to contact Expedia for a cash refund. I did not want a future voucher. Expedia would not discuss with me other than through a chat conversation that my recourse is with British Airways. It is now Sept 2nd and I still have not received a refund back to my original credit card. I know that I purchased through Expedia, but that does not matter. I have already received all my refunds back from several other airlines including Scandanavia , which was also purchased through Expedia. So this is not an issue…I want my refund back. I have written a letter to the Dept of Transportation, they were no help either. I want my cash back in the amount of $224.74 . Expedia can keep their stupid $ 2.96 booking fee as I will never use them again. Booking sights are a complete waste, they do nothing for you. I have no plans to fly anytime soon and will probably never use BA again. Hopefully both companies go out of business. They should be ashamed of themselves for the way they have handled this, how can you legally keep millions of dollars of hard working passengers money? I hope lots of people are getting in on the class action suit!
I purchased flights from Orlando to Dubrovnik for 4 June which BA had to cancel for obvious reasons. I did not want a voucher, i wanted a refund. They added some very deceptive and creative links on their site that made you believe you were requesting a refund, and lo and behold, vouchers were issued. I clicked on a refund link, not voucher, but they illegally forced me into a voucher. I called them stating I wanted a refund but was told I could not get that because a voucher had been issued. Back and forth, with case numbers being issued and subsequent denials, charge backs through Amex which BA refused to honor due to them having issued vouchers. I call again today with one last ditch effort to tell them the illegality of holding on to my money and was given a “special number for a customer relations team specifically for customers who were unhappy” – the number is 03444 930787. Dont bother calling it. Its a prerecorded message telling you to call their general customer service number or go online for help. So basically a time wasting episode to get no further. Our tickets equate to $3389.46. I want that money back. I have no intention of flying any time soon, and will do my utmost to not use BA moving forward. They have treated their staff appallingly through all this, laying off people with decades of tenure and rehiring back (if they’re lucky) at 50% of their wage. Despicable, disgusting and illegal all at the same time. Complete shame on them for the way they are handling this situation and hording thousands and thousands of passengers hard earned money for their own gain. Monsters.