British Airways Fuel Surcharge Class Action Settlement

British Airways PLC has agreed to settle a class action lawsuit alleging it charged fuel surcharges on certain flights that breached its contract with members of its Executive Club, a frequent flyer program.

If you are a U.S. resident and a member of the airline’s Executive Club, you redeemed frequent flyer miles for an award ticket between Nov. 9, 2006 and April 17, 2013, and you paid a British Airways-imposed fuel surcharge, you may be entitled to a cash payment or frequent flyer points from the British Airways class action settlement.

Depending on which payout Class Members choose, the BA settlement is valued at $63 million for the frequent flyer option and a maximum of $27 million under the cash option.

The British Airways class action lawsuit was initially filed by a group of Executive Club Members on Nov. 9, 2012. They claim the airline breached its contract with members of its frequent flyer program by imposing a fuel surcharge that was not reasonably related to fuel costs.

Under the terms of the frequent flyer contract, members of the British Airways Executive Club program could accumulate frequent flyer points called “Avios” in exchange for flying with British Airways or by booking hotels or renting vehicles from certain companies.

The contract reportedly did not define the term “fuel surcharge,” but English law defines the term as a supplemental charge that is based upon or reasonably related to the cost of fuel. According to the fuel surcharge class action lawsuit, British Airways based its fuel surcharges on the cost of fuel in an arbitrary year (2003-2004), which is allegedly impermissible under English law.

British Airways denies any wrongdoing but agreed to settle the fuel surcharge class action lawsuit to avoid the burden and expense of ongoing litigation. The British Airways class action settlement was preliminarily approved on May 29, 2018.

Under the terms of the proposed British Airways settlement, eligible Class Members may be entitled to receive Avios if they are current Executive Club Members or they may elect to receive a cash payment, which is available to active and former Executive Club Members. If all eligible Class Members choose the cash option, British Airways would provide up to $27,125,000 in payments.

Class Members who would like to opt out of or object to the British Airways fuel surcharge settlement must do so no later than July 6, 2018.

Who’s Eligible

Class Members of the British Airways settlement include U.S. resident Executive Club Members who redeemed Avios (frequent flyer miles) for an award ticket from Nov. 9, 2006 through April 17, 2013, who paid a British Airways-imposed fuel surcharge, and who provided the airline with a valid U.S. address at the time of booking.

Potential Award

Varies.

British Airways is automatically providing up to about 2.2 billion Avios to active Executive Club Members. The amount of Avios each active Executive Club Member will receive depends on the number of times they redeemed Avios for award tickets between Nov. 9, 2006 and April 17, 2013 and paid a fuel surcharge:

• 12,500 Avios will be awarded to active Executive Club Members who had one redemption
• 20,000 Avios will be awarded to active Executive Club Members who had between two and five redemptions
• 35,000 Avios will be awarded to active Executive Club Members who had six or more redemptions

The airline is also providing active Executive Club Members and former Executive Club Members with the opportunity to choose a cash option, valued at about 16.9 percent of the total fuel surcharges the Class Member paid for all award tickets purchased during the Class Period.

Proof of Purchase

N/A. Class Members must provide the Unique ID that can be found on the settlement notice that was sent to them.

If you do not have your Unique ID, email the Settlement Administrator at info@FuelSurchargeClassAction.com

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

7/29/2018

NOTE: Active Executive Club Members do not have to file a Claim Form to receive benefits from the British Airways class action settlement. They will automatically receive Avios. However, active Executive Club Members who would like a cash payment must file a Claim Form to receive cash benefits.

Case Name

Russel Dover, et al. v. British Airways PLC (UK), Case No. 1:12-cv-05567-RJD-CLP, in the U.S. District Court for the Eastern District of New York

Final Hearing

7/27/2018

UPDATE: The British Airways Fuel Surcharge Class Action Settlement was granted final approval on October 29, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.FuelSurchargeClassAction.com

Claims Administrator

BA Fuel Surcharge Class Action
c/o JND Legal Administration
P.O. Box 91306
Seattle, WA 98111
1-833-261-2496
info@FuelSurchargeClassAction.com

Class Counsel

David S. Stellings
Nicholas Diamand
Jason L. Lichtman
Douglas I. Cuthbertson
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Defense Counsel

Keara M. Gordon
Richard F. Hans
Colleen Carey Gulliver
Matthew Graves
Daniel Harkins
DLA PIPER LLP (US)