WestJet Class Action Says Expiring Airline Credits Violates Canadian Laws

A class action lawsuit claims WestJet Airlines Ltd. cancels travel credits in violation of Canada’s prepaid purchase card laws. 

Plaintiff Tiana Sharifi claims that she booked a round trip airline ticket on WestJet for herself and her then-husband from Vancouver, British Columbia to Paris for the price of $646.63 CAD per person.

On May 23, 2018, the plaintiff says she cancelled the trip and received a refund from the airline in the amount of $993.23, the price of the tickets minus the cancellation fees.

The refund was provided as a credit and was deposited in the plaintiff’s WestJet Travel Bank account.

The WestJet Airlines class action lawsuit states that the expiration date for the credit was May 23, 2019.  

The plaintiff claims that on May 20, 2019, she used around $500 of her credit for booking a trip to Calgary, Alberta, which left approximately $400 in her credit account. Sharifi states that on May 23, 2019, the money left in her credit account expired and was “seized” by the airline.

The WestJet class action lawsuit states that the WestJet Travel Bank is a voucher system that stores prepaid credits that have been issued to a customer for various reasons.

According to the WestJet Airlines class action lawsuit, laws have existed in Canada for many years which do not allow expiration dates and/or fees associated with prepaid cards or gift cards.

The provinces that have these consumer protection laws include: Ontario, Manitoba, British Columbia, New Brunswick, Nova Scotia and Saskatchewan.

“Despite the existence of the prepaid card laws across Canada, Westjet has not taken steps to comply with those obligations, which demonstrates lax, passive, or ignorant of consumer rights and to Westjet’s own legal obligations,” the WestJet class action lawsuit claims.

The plaintiff states that WestJet must comply with the prepaid card legislation in each of the potential Class Member’s respective provinces.

The WestJet class action lawsuit alleges that each of the province’s prepaid card laws are similar or identical to one another and will be able to be applied collectively in one proceeding.

“Westjet’s forfeiture of expiry dates on the WTB Credits and charging of extension fees in relation to the WTB Credits is contrary to the Provincial Prepaid Card Laws and the Class Members have suffered a damage,” the WestJet class action lawsuit states.

In addition, WestJet’s expiration dates on their WTP credits are a “deceptive act or practice” and/or “unconscionable act or practice” and depreciated the value of the credits, thus causing damages to possible Class Members.

“In addition to the Provincial Prepaid Card Laws, Westjet is also subject to and must comply with the general provincial consumer protection legislation of a Class Member’s province of residence,” the WestJet class action lawsuit claims.

The plaintiff alleges that WestJet’s failure to comply with the Provincial Prepaid Card Laws shows a “wilful and blatant disregard of the rights of the Class and constitutes egregious and high-handed conduct that warrants an award of punitive damages.”

Did you receive credits from WestJet? Leave a message in the comments section below.

The plaintiff is represented by Joel D. Zanatta, Mathew P. Good, and Simon Lin.

The WestJet Airlines Travel Class Action Lawsuit is Sharifi v. WestJet Airlines Ltd., Case No. S-197552, in the Supreme Court of British Columbia, Canada.

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