Class action case over fuel surcharge results in Avios distribution (US members only)
Jun 1, 2018, 7:19 am
#16
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
When?
It's just a notice of a preliminary agreement. It has not even been approved by the court yet.
If you look at it, you will see that the essence is that BA represented to US customers that this was a "fuel surcharge" and that characterization was deceptive.
Imposing a carrier fee, surcharge or anything else which one might not like but which is not deceptive in its characterization is not the subject of this lawsuit or likely any other (successful) lawsuit.
The lawyers and the class representatives are the only people who get anything of appreciable value in most class action settlements so this one, if it is approved is a bit better than most.
It's just a notice of a preliminary agreement. It has not even been approved by the court yet.
If you look at it, you will see that the essence is that BA represented to US customers that this was a "fuel surcharge" and that characterization was deceptive.
Imposing a carrier fee, surcharge or anything else which one might not like but which is not deceptive in its characterization is not the subject of this lawsuit or likely any other (successful) lawsuit.
The lawyers and the class representatives are the only people who get anything of appreciable value in most class action settlements so this one, if it is approved is a bit better than most.
Jun 1, 2018, 7:24 am
#17
Join Date: May 2009
Location: Shanghai
Programs: BAEC (Gold), PC (Plat), HH (Gold), MR (Gold)
Posts: 2,729
I qualify and I switched USA > Singapore in February this year. I’ll monitor closely. I assume it will be ok but will follow up if needed.
Jun 1, 2018, 7:28 am
#18
FlyerTalk Evangelist
Join Date: Feb 2003
Location: New York, NY
Programs: BAEC Gold, Delta Platinum, Hilton Diamond, Marriott Gold, AMEX Platinum (US)
Posts: 18,487
I switched my residency over to the US from UK in 2009, didn't receive an email about this but I certainly redeemed Avios/BA miles during the window when I was a US registered BAEC account holder.
I guess more information will be available in the coming days.
I guess more information will be available in the coming days.
Jun 1, 2018, 7:58 am
#19
Join Date: Dec 2004
Posts: 7,904
Jun 1, 2018, 8:41 am
#20
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,927
Jun 1, 2018, 9:28 am
#22
FlyerTalk Evangelist
Join Date: May 1998
Location: Massachusetts, USA; AA Plat, DL GM and Flying Colonel; Bonvoy Platinum
Posts: 24,233
The relevant phrase from the settlement agreement seems to be "provided BA with a valid United States address at the time of booking." I am not a lawyer, and the phrase "United States resident member" is also used nearby, but the address you provided when you booked the ticket would seem to be what they go by here.
Jun 1, 2018, 9:28 am
#23
Join Date: Nov 2001
Location: SAV/HHH
Programs: BA Lifetime Gold (current GGL), HH Diamond
Posts: 1,293
I'm not a fan of these kind of lawsuits...but as a long time member, I recall at that time, the surcharges were a serious devaluation. (I remember a 2003 IAD-LHR-MRU RT redemption in F that cost $200 at most). I'll be looking closely at the cash option, as I'm probably toward the high end of the range mentioned in the email.
Of course, I'd prefer that the lawsuit was dismissed and the US originating YQ was brought in line with UK YQ going forward. I previously posted details of just how extreme the difference is here: Carrier Surcharges (yes, again) 2.5x higher ex-US
Jun 1, 2018, 12:20 pm
#26
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Argh - I think I kept my UK address when I lived in US for a while in this period because of BA Amex. D’oh.
(no idea if I made a redemption then)
(no idea if I made a redemption then)
Jun 1, 2018, 1:17 pm
#28
Join Date: Dec 2010
Location: LHR
Programs: Accor PLT,Thai Silver, HH Dia, SPG Titanium (LT Gold), Aegean Gold, BA Silver
Posts: 5,120
5th comment from Raffles
https://www.headforpoints.com/2018/0...lert/#comments
https://www.headforpoints.com/2018/0...lert/#comments
Jun 1, 2018, 1:27 pm
#29
Join Date: Nov 2009
Location: BOS
Programs: BA Silver, Mucci
Posts: 5,289
5th comment from Raffles
https://www.headforpoints.com/2018/0...lert/#comments
https://www.headforpoints.com/2018/0...lert/#comments
Jun 1, 2018, 2:18 pm
#30
Join Date: Jul 2006
Programs: BA something, Luftwaffe SEN, CX Gold, Pilsbury Doughboy Fanclub, and lots of Amex cards
Posts: 1,906
So not applicable to UK members who redeemed ex-US one ways or rtns?
I did - a lot.
I can't honestly remember what address I put down when booking (probably a Ukraine address
) but my BA account has remained UK based to keep the BA amex, even though I reside in the US.
I did - a lot.
I can't honestly remember what address I put down when booking (probably a Ukraine address
) but my BA account has remained UK based to keep the BA amex, even though I reside in the US.