Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > Air Canada | Aeroplan
Reload this Page >

Air Canada Fuel Surcharge Class Action Approved (QC 2012-2014)

Air Canada Fuel Surcharge Class Action Approved (QC 2012-2014)

Reply

Old Aug 13, 19, 9:04 pm
  #1  
FlyerTalk Evangelist
Original Poster
 
Join Date: Sep 2014
Programs: AC SE100K, 1MM, NH, DL, AA, GE/Nexus, APEC..
Posts: 15,673
Air Canada Fuel Surcharge Class Action Approved (QC 2012-2014)

I started this separate thread related to this specific class action lawsuit as a result of @canadiancow's comment in the other thread regarding this Air Canada class action versus that thread's Aeroplan class action. It also got me wondering how many class action lawsuits are there and thus how many different AC FT threads. (It would be great if we could keep track of all of the different lawsuits and class actions. Yes, I know what you're thinking, a Master thread.)

In my searching, I found at least 5 other threads over a number of years. Some relate to Air Canada, some to Aeroplan, some are about international tickets, another was regarding Flight Passes, and another about expired miles. And in at least one thread, there seemed to be some overlap.


So first, here is the CBC article about Air Canada that I posted in the Aeroplan class-action thread.

It is followed by a great summary by "Kate" a lawyer and a new writer at OMAAT (and the wife of one of our FTers). She explains this class-action better than the CBC.

******

Judge greenlights class-action lawsuit against Air Canada over fuel surcharges

The Canadian Press · Posted: Aug 13, 2019 3:54 PM ET


QUOTES:

The lawsuit, approved Monday, argues the country's largest airline "illegally overcharged its customers" by more than doubling the cost of fuel on some flights.

Michael Vathilakis, the petitioners' lawyer, said Air Canada misrepresented the stated purpose of the surcharge, which was to partially offset the fluctuating price of jet fuel.

"What Air Canada did was represented to passengers that they were collecting this amount in order to offset volatility, when in fact the allegations are that they were in many cases actually reaping a real profit on it," Vathilakis said in a phone interview.

"In multiple cases, they charged an amount that was equal to or higher than the entire cost of fuel for the flight."


Full article
https://www.cbc.ca/news/canada/montr...rges-1.5245684




Air Canada Fuel Surcharge Class Action Approved

August 13, 2019 by Kate

QUOTES:

In short, fuel surcharges seem to be a legal headache that just will not go away for Air Canada. On Monday, a Quebec Superior Court Judge certified a class action against the airline for allegedly charging fuel surcharges over and above the amount the amount that would offset the volatility of fuel pricing, which is what the surcharge was intended to do.

This isn’t the first time Air Canada has been faced with a class action on fuel surcharges; Quebec courts have previously approved another class action around fuel surcharges on paid tickets, as well as a class action concerning fuel surcharges on tickets purchased with Aeroplan points redemptions.

...the class has been defined in a limited way that won’t include most Air Canada passengers. Only Quebec residents who purchased international flights outside the US, Mexico, and the Carribbean between April 2012 and November 2014 will be eligible as class members."


Full article here

https://onemileatatime.com/air-canad...harge-lawsuit/
24left is offline  
Reply With Quote
Old Aug 14, 19, 2:58 am
  #2  
 
Join Date: Aug 2009
Location: ZOA, SFO, HKG
Programs: UA 1K 0.8MM, Marriott PLT, HHonors Gold, Hertz PC, SBux Gold, TSA Pre✓
Posts: 9,941
It must be a good day for CBC...
garykung is offline  
Reply With Quote
Old Aug 14, 19, 4:43 am
  #3  
 
Join Date: Apr 2016
Location: YHZ/YQM
Programs: none
Posts: 1,315
The only harm I see in YQ is to award redemptions. For regularly purchased tickets, what does it matter how much is base fare and how much is YQ? The final price is the final price, and that is what the customers agreed to pay when they bought their tickets. Airlines aren't allowed to advertise anything other than the final price anyway.

For award redemptions, the YQ amounts to a substantial devaluation, unless you have enough status to get the YQ waived.
smallmj is offline  
Reply With Quote
Old Aug 14, 19, 5:22 am
  #4  
A FlyerTalk Posting Legend and Moderator: Air Canada Aeroplan & Manufactured Spending
 
Join Date: May 2002
Location: YEG
Posts: 48,554
Originally Posted by smallmj View Post
For regularly purchased tickets, what does it matter how much is base fare and how much is YQ? The final price is the final price, and that is what the customers agreed to pay when they bought their tickets.
Did they agree to be overcharged? It's alleged that AC “illegally overcharged its customers” by more than 200 per cent — and more than the fuel cost itself — on some flights.
tcook052 is offline  
Reply With Quote
Old Aug 14, 19, 5:33 am
  #5  
 
Join Date: May 2012
Programs: *A Gold, SkyMiles,
Posts: 2,558
Originally Posted by garykung View Post
It must be a good day for CBC...
How about, it is a good day for the people who were allegedly over charged?

Originally Posted by smallmj View Post
The only harm I see in YQ is to award redemptions. For regularly purchased tickets, what does it matter how much is base fare and how much is YQ? The final price is the final price, and that is what the customers agreed to pay when they bought their tickets. Airlines aren't allowed to advertise anything other than the final price anyway.
For award redemptions, the YQ amounts to a substantial devaluation, unless you have enough status to get the YQ waived.
The issue here is that the surcharge was allegedly misrepresented. IMO, Canada's lax consumer protection and enforcement provisions facilitated the alleged wrongdoing. It should not require consumers to bring the action to correct the alleged wrong. Rather, a more transparent and equitable approach as is found with Japan or Switzerland routes might prove equitable. The money that will be spent on legal fees would be better spent on reimbursement.
Transpacificflyer is offline  
Reply With Quote
Old Aug 14, 19, 5:37 am
  #6  
 
Join Date: Apr 2000
Location: Mississauga Ontario
Posts: 3,645
I have absolutely zero sympathy for AC in this case. Unethical business practices often get you a predictable result.
Dolphin2 likes this.
InTheAirGuy is offline  
Reply With Quote
Old Aug 14, 19, 7:31 am
  #7  
 
Join Date: Sep 2011
Programs: AC SE*100K
Posts: 1,085
Originally Posted by smallmj View Post
The only harm I see in YQ is to award redemptions. For regularly purchased tickets, what does it matter how much is base fare and how much is YQ? The final price is the final price, and that is what the customers agreed to pay when they bought their tickets. Airlines aren't allowed to advertise anything other than the final price anyway.
It matters given that sales and discount codes are off of the base price, not the all-in price. YQ amounts to non-discountable margin.
RatherBeInYOW is online now  
Reply With Quote
Old Aug 14, 19, 7:42 am
  #8  
 
Join Date: Dec 2002
Posts: 6,151
Originally Posted by smallmj View Post
For regularly purchased tickets, what does it matter how much is base fare and how much is YQ? The final price is the final price, and that is what the customers agreed to pay when they bought their tickets.
Discount codes don't cover fuel surcharges or other "extras" added to the base fare.
Hence the term 1% discount.
tracon is offline  
Reply With Quote
Old Aug 14, 19, 7:54 am
  #9  
FlyerTalk Evangelist
 
Join Date: Oct 2001
Location: YYZ
Programs: A3&O6 Gold,IC AMB & HH Diamond
Posts: 13,339
So how do we get in the lawsuit bandwagon? But the purchase of Air Transat may be in jeopardy for AC.
djjaguar64 is offline  
Reply With Quote
Old Aug 14, 19, 8:41 am
  #10  
Formerly known as newbie elite
 
Join Date: Feb 2002
Location: YUL
Programs: AE, BA, MR, Fairmont Plat (RIP), Accor Plat
Posts: 2,075
Québec nailed Air Canada about a decade ago for their misleading prices, they would omit all the extra fees and taxes from their advertising. The $250 fare on the ad became $600 with all the fees which was (rightly in my opinion) found to be false advertising.

This seems to being the same spirit.
Twickenham and Dolphin2 like this.
Admiral Ackbar is offline  
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Thread Tools
Search this Thread