Oct 27, 2018, 12:42 am
Last edit by: T8191
This thread relates to SPG Law's proposed Group Proceedings against British Airways, in respect of the Data Protection Act 2018 (which incorporates the GDPR).
There is a separate thread that relates to the actual data breaches and their implications for customers, which is to be found here: BA Investigating Theft of Personal and Financial Data
The one law firm that currently seems to be persuing a Class Action against BA is SPG. They have a specific site set up at https://www.badatabreach.com/ - please make sure you check all the FAQs and terms and conditions and make sure the Class Action is right for you before you sign up.
* SPG is now PGMBM.
* Payments are being made through Shieldpay, who are seeming to be both lethargic and/or inept.
There is a separate thread that relates to the actual data breaches and their implications for customers, which is to be found here: BA Investigating Theft of Personal and Financial Data
The one law firm that currently seems to be persuing a Class Action against BA is SPG. They have a specific site set up at https://www.badatabreach.com/ - please make sure you check all the FAQs and terms and conditions and make sure the Class Action is right for you before you sign up.
* SPG is now PGMBM.
* Payments are being made through Shieldpay, who are seeming to be both lethargic and/or inept.
BA data theft: should I join the class action suit?
Apr 5, 2019, 6:37 am
#166
Join Date: Nov 2009
Posts: 201
Lawyers want to get paid but my understanding of a no win no fee clam is that the lawyers take on all the risk of failure for an increased size of return in the event of success. I've bailed partly because they seem to have gone away from this and expect those joining to still share the risk in some manner so that they still get paid if it fails. That at 500 pounds per hour.
Apr 5, 2019, 6:46 am
#167
Join Date: Oct 2012
Location: London
Programs: BA Gold
Posts: 1,361
Apr 5, 2019, 6:52 am
#168
Join Date: Jan 2015
Location: UK
Programs: BA Nada, HH Diamond, IHG Spire AMB, Marriott Plat, Accor Gold
Posts: 510
What worries me is this clause is the BAEC T&Cs:
24.1. In addition to any other rights or remedies it may have, British Airways reserves the right at any time in its absolute discretion to terminate the Membership of any Member and/or the right of any Member to use the Card if a Member commits Fraud, Misconduct, is given a banning notice or withdraws their consent under Clause 4. If this occurs, British Airways must write to the Member to inform them that his/her Membership is being terminated for this reason. British Airways and/or AGL may in its discretion suspend such termination and impose a reduction in Tier grade and/or remove Avios points and/or Tier Points and/or request undertakings in respect of future conduct.
24.1. In addition to any other rights or remedies it may have, British Airways reserves the right at any time in its absolute discretion to terminate the Membership of any Member and/or the right of any Member to use the Card if a Member commits Fraud, Misconduct, is given a banning notice or withdraws their consent under Clause 4. If this occurs, British Airways must write to the Member to inform them that his/her Membership is being terminated for this reason. British Airways and/or AGL may in its discretion suspend such termination and impose a reduction in Tier grade and/or remove Avios points and/or Tier Points and/or request undertakings in respect of future conduct.
Apr 5, 2019, 7:23 am
#170
Moderator: British Airways Executive Club, Iberia Airlines, Airport Lounges and Environmentally Friendly Travel
Join Date: Jan 2003
Location: London, UK
Posts: 22,248
I emailed them and got a response that there were no circumstances where we would be liable for either SPG's or BA's costs. Everything would be covered by their ATE insurance policy.
I am not a lawyer, but asking the question and getting that reply should be enough to get out of anything they might possibly try later?
I am not a lawyer, but asking the question and getting that reply should be enough to get out of anything they might possibly try later?
Apr 5, 2019, 12:49 pm
#171
Join Date: Sep 2009
Location: London
Posts: 189
Cutting it tight. I just sent them an email requesting to cancel the agreement. I'm not at all a lawyer but for something that it's meant not to have any risk to me, it just seemed that was starting to get too complicated. Will wait for their reply.
Apr 8, 2019, 4:23 pm
#173
Join Date: Sep 2009
Location: London
Posts: 189
I'm not sure how these class action suit work, so here is a question. Let's assume that it goes ahead and they win. If the court finds BA guilt and sentence them to pay some sort of compensation (cash or miles like the action in the USA), would that BA would have to pay only to those involved in the class action or to anyone that got impacted? I've heard about the class action but I guess lots of people that were impacted by the data breach didn't even know there was a class action they could join if they wanted to.
Apr 8, 2019, 5:20 pm
#174
Join Date: Oct 2015
Location: LON
Programs: BA Gold; LH FTL; IHG Diamond; Marriott Gold; ALL Gold
Posts: 1,760
And today got a confirmation email that I'm out.
I'm not sure how these class action suit work, so here is a question. Let's assume that it goes ahead and they win. If the court finds BA guilt and sentence them to pay some sort of compensation (cash or miles like the action in the USA), would that BA would have to pay only to those involved in the class action or to anyone that got impacted? I've heard about the class action but I guess lots of people that were impacted by the data breach didn't even know there was a class action they could join if they wanted to.
I'm not sure how these class action suit work, so here is a question. Let's assume that it goes ahead and they win. If the court finds BA guilt and sentence them to pay some sort of compensation (cash or miles like the action in the USA), would that BA would have to pay only to those involved in the class action or to anyone that got impacted? I've heard about the class action but I guess lots of people that were impacted by the data breach didn't even know there was a class action they could join if they wanted to.
The long answer: if BA does pay damages to the claimants (either following a court decision or an out-of-court settlement), they might decide to pay everyone affected the same amount, regardless of whether they were a claimant or not, for publicity purposes. But legally, anyone not represented in the class action wouldn't be owed anything, until they individually took BA to court as well.
Apr 9, 2019, 2:43 pm
#176
Join Date: May 2018
Programs: SAS Gold, Hilton Diamond, OWS
Posts: 274
The short answer: BA would only be obliged to compensate the individuals represented in the claim.
The long answer: if BA does pay damages to the claimants (either following a court decision or an out-of-court settlement), they might decide to pay everyone affected the same amount, regardless of whether they were a claimant or not, for publicity purposes. But legally, anyone not represented in the class action wouldn't be owed anything, until they individually took BA to court as well.
The long answer: if BA does pay damages to the claimants (either following a court decision or an out-of-court settlement), they might decide to pay everyone affected the same amount, regardless of whether they were a claimant or not, for publicity purposes. But legally, anyone not represented in the class action wouldn't be owed anything, until they individually took BA to court as well.
I'm not qualified in the UK so I am not certain as to the time frame there, but in the scandinavian countries your claim would generally expire after 3 years. I'd expect it to be somewhat similar in the UK. We've had a few cases with illegal taxes where the government got off cheaply due to the majority of the claims (i.e. the ones not part of the case) expiring before the court cases ended.
May 1, 2019, 3:39 pm
#178
Join Date: May 2006
Location: 5 miles from EMA
Programs: BD, BAEC Pleb, VS Pleb, Accor Pleb, HHonors Gold, Big White Season Pass
Posts: 5,928
By way of an update, after I bailed on SPG, I joined the Hayes Connor action. They seem to be much more together
I got this today:
Good afternoon,
Further to our previous update, we have now submitted a detailed request to British Airways and its lawyers. This request asks for a settlement meeting over this data breach. We expect a response in the next 7 to 14 days.
As previously mentioned, we are also coordinating activity with SPG Law. This firm is also pursuing claims for its clients against BA.
SPG Law is now looking to issue High Court proceedings for its clients. This is likely to happen in the coming weeks. What this means is that, in around 8 to 12 weeks, the High Court may grant a ‘Group Litigation Order’ to move this case to the next level. If this happens, we will add your claim to that litigation.
However, in the view of our expert legal team, we think this matter could be settled without the complexity of going to court. However, we will continue to pursue litigation as an option in case a settlement cannot be reached.
Kind regards
I got this today:
Good afternoon,
Further to our previous update, we have now submitted a detailed request to British Airways and its lawyers. This request asks for a settlement meeting over this data breach. We expect a response in the next 7 to 14 days.
As previously mentioned, we are also coordinating activity with SPG Law. This firm is also pursuing claims for its clients against BA.
SPG Law is now looking to issue High Court proceedings for its clients. This is likely to happen in the coming weeks. What this means is that, in around 8 to 12 weeks, the High Court may grant a ‘Group Litigation Order’ to move this case to the next level. If this happens, we will add your claim to that litigation.
However, in the view of our expert legal team, we think this matter could be settled without the complexity of going to court. However, we will continue to pursue litigation as an option in case a settlement cannot be reached.
Kind regards
May 2, 2019, 7:16 am
#179
Suspended
Original Poster
Join Date: May 2011
Location: London
Programs: *A G, OW S.
Posts: 996
I've had the same email so things with Hayes Connor are moving ahead.
Somehow I can't see BA settling anything without court action but we'll live in hope.
For me, it's still not about any money and if there is some I will donate it to charity. It's about BA causing one f*ck up after another spoiling plans, causing chaos and offering nothing in return. Other similar organisations are just better run and don't have repeated large scale problems. I just want to see them held publicly accountable for this.
I'd still like to see them also held to proper account for the four days the whole operation was shut down when a technician flicked the wrong switch not that it is part of this in any way!
Somehow I can't see BA settling anything without court action but we'll live in hope.
For me, it's still not about any money and if there is some I will donate it to charity. It's about BA causing one f*ck up after another spoiling plans, causing chaos and offering nothing in return. Other similar organisations are just better run and don't have repeated large scale problems. I just want to see them held publicly accountable for this.
I'd still like to see them also held to proper account for the four days the whole operation was shut down when a technician flicked the wrong switch not that it is part of this in any way!
Jun 5, 2019, 12:35 pm
#180
Join Date: Mar 2016
Posts: 148
I received various emails from SPG asking me to sign up to or agree to new Terms and Conditions, which i did not reply to, the email stated that if i dont reply or confirm my approval then i wont be part of the class action law suit. However an email with attached word document has just appeared in my inbox stating...
=======================
Thank you for both your continued instruction and patience in the group action against British Airways PLC (BA).
The Defendant is continuing to deny liability and we are currently making the necessary preparations to formally issue this case at Court should they continue to deny.
On Friday 17 May 2019, we sent the Defendant a letter along with the following documents:
•Full list of claimants;
•Draft Group Litigation Order;
•Draft Particulars of Claim.
Claimant List
The list contains the names of the 4464 claimants, who have instructed us to proceed with their claim. This illustrates the number of people claiming for the data breach, the importance of the action and the need for a GLO (Group Litigation Order).
Draft GLO
The Draft GLO is a legal document which sets out the number of common or related issues of fact or law, which are likely to arise throughout the litigation. By sending this document to BA, we have given them an opportunity to agree the GLO issues before the court decides.
Draft Particulars of Claim
The Draft Particulars of Claim is a legal document that essentially summarises the Claimant groups case against BA.
The claim will be brought on five bases: (i) breach of statutory duties under the Data Protection Act 1998, 2018 and the General Data Protection Regulation; (iii) breach of contract; (iv) breach of confidence; and/or (v) misuse of private information.
We are in cooperation with other Claimant law firms and they have confirmed that they agree to SPG taking the lead in discussing the terms of the draft GLO and Group Particulars of Claim with BA.
We believe the GLO is uncontroversial and have invited BA to agree to its terms. We have also stated that we do not accept this to be a complex case as the fact of the data breaches does not appear to be in dispute.
We have asked BA to provide a response within 28 days and asked them if they (a) agree to the terms of the GLO; (b) agree to send us all relevant documentation; and (c) can provide us with a substantive response to the claim.
From a strategic point of view, presenting our case early to BA provides them with an opportunity to understand the strength and merits of the case against them.
We hope that once they analyse the information within the documents that they will engage and provide us with their full unequivocal cooperation in order to narrow any issues in dispute.
More importantly, it could present an opportunity for negotiations between the parties to begin, resulting in a pre-litigation settlement.
In the event that we don’t receive a response within 28 days, we will be making an application for pre action disclosure of documents, with the view of issuing formal Court proceedings thereafter.
We believe the current prospects of the case to be strong although this may change as further evidence is gathered.
Thank you for your continued instruction and we will continue to provide you with further updates in due course.
Should you have any further issues or enquiries please feel free to direct them to a member of our data team on [email protected]email removed% or %phoneremoved%
==============================
Interesting that they state they are leading the negotiations on behalf of other law firms, also interesting that they pressed ahead and included me without my agreeing to the latest terms.
=======================
Thank you for both your continued instruction and patience in the group action against British Airways PLC (BA).
The Defendant is continuing to deny liability and we are currently making the necessary preparations to formally issue this case at Court should they continue to deny.
On Friday 17 May 2019, we sent the Defendant a letter along with the following documents:
•Full list of claimants;
•Draft Group Litigation Order;
•Draft Particulars of Claim.
Claimant List
The list contains the names of the 4464 claimants, who have instructed us to proceed with their claim. This illustrates the number of people claiming for the data breach, the importance of the action and the need for a GLO (Group Litigation Order).
Draft GLO
The Draft GLO is a legal document which sets out the number of common or related issues of fact or law, which are likely to arise throughout the litigation. By sending this document to BA, we have given them an opportunity to agree the GLO issues before the court decides.
Draft Particulars of Claim
The Draft Particulars of Claim is a legal document that essentially summarises the Claimant groups case against BA.
The claim will be brought on five bases: (i) breach of statutory duties under the Data Protection Act 1998, 2018 and the General Data Protection Regulation; (iii) breach of contract; (iv) breach of confidence; and/or (v) misuse of private information.
We are in cooperation with other Claimant law firms and they have confirmed that they agree to SPG taking the lead in discussing the terms of the draft GLO and Group Particulars of Claim with BA.
We believe the GLO is uncontroversial and have invited BA to agree to its terms. We have also stated that we do not accept this to be a complex case as the fact of the data breaches does not appear to be in dispute.
We have asked BA to provide a response within 28 days and asked them if they (a) agree to the terms of the GLO; (b) agree to send us all relevant documentation; and (c) can provide us with a substantive response to the claim.
From a strategic point of view, presenting our case early to BA provides them with an opportunity to understand the strength and merits of the case against them.
We hope that once they analyse the information within the documents that they will engage and provide us with their full unequivocal cooperation in order to narrow any issues in dispute.
More importantly, it could present an opportunity for negotiations between the parties to begin, resulting in a pre-litigation settlement.
In the event that we don’t receive a response within 28 days, we will be making an application for pre action disclosure of documents, with the view of issuing formal Court proceedings thereafter.
We believe the current prospects of the case to be strong although this may change as further evidence is gathered.
Thank you for your continued instruction and we will continue to provide you with further updates in due course.
Should you have any further issues or enquiries please feel free to direct them to a member of our data team on [email protected]email removed% or %phoneremoved%
==============================
Interesting that they state they are leading the negotiations on behalf of other law firms, also interesting that they pressed ahead and included me without my agreeing to the latest terms.