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?
Oct 29, 2018, 11:00 am
#91
Join Date: May 2018
Programs: SAS Gold, Hilton Diamond, OWS
Posts: 244
I would expect that if people don't join, but if the class actions win, then others will find it easier to apply for compensation - whether because BA is instructed to, or whether they would realise that they couldn't successfully fight future cases. It'll be interesting to see how it plays out.
I remember it happening with some major tax or VAT claims where I am from some years ago.
Nov 5, 2018, 4:40 pm
#92
Join Date: Mar 2010
Posts: 1,748
I think I may use the 14 day cooling off period and pull out of this. I sent SPG an email back on the 27th Oct asking for clarification on a few points. I am yet to hear from them. If this is the way they are treating people then I have serious doubts over whether they can be trusted.
Nov 9, 2018, 11:25 am
#93
Join Date: Mar 2010
Posts: 1,748
Just in case anyone is thinking about it, I have taken advantage of the 14 day cooling off period and removed myself from SPG Law's class action. I sent them an email on Oct 26th asking for basic clarification on two points. Have never received a reply.
I then tried four times to call their offices and each time 'no one is available but I'll make sure someone calls you back' (add on 'as a matter of urgency' after Call 3).
So today I thought Stuff It. If this is the sort of response I am going to get from their ironically named ClientCare email address, then I want nothing to do with these people. Add to that the spelling and grammar errors in their T&Cs and it sends to me a large warning sign.
I'm having a look at one of the other law firms also pursuing the case to see if they are any better.
I then tried four times to call their offices and each time 'no one is available but I'll make sure someone calls you back' (add on 'as a matter of urgency' after Call 3).
So today I thought Stuff It. If this is the sort of response I am going to get from their ironically named ClientCare email address, then I want nothing to do with these people. Add to that the spelling and grammar errors in their T&Cs and it sends to me a large warning sign.
I'm having a look at one of the other law firms also pursuing the case to see if they are any better.
Nov 9, 2018, 11:51 am
#94
FlyerTalk Evangelist
Join Date: Mar 2010
Location: JER
Programs: BA Gold/OWE, several MUCCI, and assorted Pensions!
Posts: 32,140
I have zero expectation that those who compose this sort of material have what I would call linguistic skills. However, as I appear to have suffered no financial loss (thank you Amex) and merely experienced a few days of stress whilst supposedly enjoying a holiday, I will stick with the Class Action.
I was *BLOODY* annoyed and upset, and wasted holiday time checking up on what was going on. I’ll take a bottle or two of wine out of BA’s hide with pleasure., after their “Not me Sir, it was a big boy who ran away” communication.
I was *BLOODY* annoyed and upset, and wasted holiday time checking up on what was going on. I’ll take a bottle or two of wine out of BA’s hide with pleasure., after their “Not me Sir, it was a big boy who ran away” communication.
Nov 11, 2018, 9:48 pm
#95
Join Date: Oct 2016
Programs: Always J
Posts: 57
I have this morning signed up to the SPG Law class action. The reason I've done so is BA's final email correspondence to me on 5 November diplomatically informing me to get knotted. I would have accepted a small pot of Avios, say 50k, as final settlement for playing fast and loose with my personal and credit card data. I'm not entirely enamoured with the twelve month Experian fraud protection either as it's too short by at least four years.
The only company to come out of this smelling of roses is Amex.
BA thoroughly deserve everything that's coming to them.
The only company to come out of this smelling of roses is Amex.
BA thoroughly deserve everything that's coming to them.
Nov 18, 2018, 9:07 pm
#96
Join Date: Jan 2001
Location: Boston, MA
Programs: AA Lifetime Platinum (3MM), QF Lifetime Gold, Bonvoy Lifetime Platinum, Ex-Hyatt Diamond
Posts: 7,541
I don't think there's any advantage to signing up early? Is there?
Second, I think if there is a verdict against BA and a settlement, even if you didn't sign up, you will be offered the option to accept the same benefits.
Any attorneys out there? Am I wrong?
Second, I think if there is a verdict against BA and a settlement, even if you didn't sign up, you will be offered the option to accept the same benefits.
Any attorneys out there? Am I wrong?
Nov 19, 2018, 1:46 am
#97
Join Date: Jun 2010
Location: London
Programs: Mucci Blue, BAEC Gold, Blockbuster Video card
Posts: 1,378
For anyone on this thread in the 'I am not really after BA's money - it's the principle' camp, you could always donate the money here.....
https://www.aerobility.com/introduction/
Just a thought...
https://www.aerobility.com/introduction/
Just a thought...
Dec 19, 2018, 2:08 am
#98
Join Date: May 2011
Location: Kelowna Canada
Programs: Aeroplan, HHonors Diamond, BonVoy Gold, AAdvantage, IHG Priority Club, BA EC, AS MVP
Posts: 110
I was hacked in the first go around and was not notified for a long time. CC was hacked Nov 11 which was very late. Caught by AMEX. Refunded other charges that were not caught.
Tweet to BA and received the 'only compensation will be paid for actual loss'. Of course I was hacked on day 1 of expensive trip and was unable to get a replacement credit card for almost a month.
Losses were the time required personally to get the replacement (AMEX really dropped the ball on this one), and loss of all benefits related to the credit card spend for the holiday and subsequent purchases.
When you hear stories of thousands of Avios for not having a working headset you realize that BA just does not value customers like they should and are really trying to keep the lid on this problem. Definitely not succeeding.
Class action suit in the US went very well and was just settled. Unable to participate because only UK and US Visa card holders were allowed into the suit.
Will be signing up for the suit and sincerely hope that it will include Canadians.
Tweet to BA and received the 'only compensation will be paid for actual loss'. Of course I was hacked on day 1 of expensive trip and was unable to get a replacement credit card for almost a month.
Losses were the time required personally to get the replacement (AMEX really dropped the ball on this one), and loss of all benefits related to the credit card spend for the holiday and subsequent purchases.
When you hear stories of thousands of Avios for not having a working headset you realize that BA just does not value customers like they should and are really trying to keep the lid on this problem. Definitely not succeeding.
Class action suit in the US went very well and was just settled. Unable to participate because only UK and US Visa card holders were allowed into the suit.
Will be signing up for the suit and sincerely hope that it will include Canadians.
Jan 5, 2019, 12:05 pm
#99
Join Date: Aug 2008
Posts: 3,921
I have received an email from SPG today; has anyone else?
Thank you for instructing SPG Law to represent you in the group action against British Airways. With the aim of keeping you informed; we are still in the pre-litigation stages of the case. Presently our priority is to raise the profile of the action and attempt to get as many affected BA customers as possible signed up. We have recently sent BA a pre-action letter setting forth our claims and requesting certain information from BA.
We have today received a response from BA regarding their position on liability. At this stage they are denying liability for the breach of your personal data pending further investigation.
A denial of liability is of course not the end of the action and we will press ahead and continue to fight on your behalf. We must now assess the level of loss, distress and inconvenience that the breach has caused you. We will do this initially by way of a questionnaire that will be emailed to you over the coming weeks. The questionnaire will provide you the opportunity to provide as much information as possible as to how the breach has affected you.
The questionnaire will also ask you to provide further information such as your full postal address. Further details are required so that we may authenticate your claim and include your details in a formal Claim Form. We anticipate filing the Claim Form in the first quarter of this year.
The questionnaire will be forwarded shortly for completion so please keep a look out for it.
You will receive a variety of emails from our firm as this claim progresses. We ask for your diligent and prompt responses to any of our requests. Some may even seem duplicative but please respond accordingly. Again, we will also be asking you to send proof of your address in the near future. If you have that available now, feel free to forward that along. A simple photo or scan of your ID or a utility bill will be sufficient; so long as the address is correct. In order to be included on the Claim Form and participate in this claim your full and complete address is necessary.
If you have previously requested to opt out of this action and are still receiving this email, simply reply to confirm your previous request and we will comply.
All your data will be kept securely on our system for the purposes of this action only – we are bound by the terms of the General Data Protection Regulation (GDPR) and Data Protection Act 2018.
We will be in touch soon but if you have any queries or cannot locate some of this information please do not hesitate to get in touch on: +44 (0) 345 257 6377
Yours sincerely,
SPG Law
Sent at an odd time for a firm of solicitors and the wording seems suspicious, particularly the bit about getting duplicate emails and asking for them to be completed.
Regarding your Legal Claim - BA Data Breach Group Litigation
Dear My Name:Thank you for instructing SPG Law to represent you in the group action against British Airways. With the aim of keeping you informed; we are still in the pre-litigation stages of the case. Presently our priority is to raise the profile of the action and attempt to get as many affected BA customers as possible signed up. We have recently sent BA a pre-action letter setting forth our claims and requesting certain information from BA.
We have today received a response from BA regarding their position on liability. At this stage they are denying liability for the breach of your personal data pending further investigation.
A denial of liability is of course not the end of the action and we will press ahead and continue to fight on your behalf. We must now assess the level of loss, distress and inconvenience that the breach has caused you. We will do this initially by way of a questionnaire that will be emailed to you over the coming weeks. The questionnaire will provide you the opportunity to provide as much information as possible as to how the breach has affected you.
The questionnaire will also ask you to provide further information such as your full postal address. Further details are required so that we may authenticate your claim and include your details in a formal Claim Form. We anticipate filing the Claim Form in the first quarter of this year.
The questionnaire will be forwarded shortly for completion so please keep a look out for it.
You will receive a variety of emails from our firm as this claim progresses. We ask for your diligent and prompt responses to any of our requests. Some may even seem duplicative but please respond accordingly. Again, we will also be asking you to send proof of your address in the near future. If you have that available now, feel free to forward that along. A simple photo or scan of your ID or a utility bill will be sufficient; so long as the address is correct. In order to be included on the Claim Form and participate in this claim your full and complete address is necessary.
If you have previously requested to opt out of this action and are still receiving this email, simply reply to confirm your previous request and we will comply.
All your data will be kept securely on our system for the purposes of this action only – we are bound by the terms of the General Data Protection Regulation (GDPR) and Data Protection Act 2018.
We will be in touch soon but if you have any queries or cannot locate some of this information please do not hesitate to get in touch on: +44 (0) 345 257 6377
Yours sincerely,
SPG Law
Sent at an odd time for a firm of solicitors and the wording seems suspicious, particularly the bit about getting duplicate emails and asking for them to be completed.
Jan 5, 2019, 12:58 pm
#101
Join Date: Aug 2006
Location: Switzerland
Posts: 1,575
"Some may even seem duplicative" means they may look like a duplicate (asking similar questions) but they're not actually duplicates. I'm not part of the breach, so not part of any class action - just an inquisitive forum reader - but if I received an email like the above I'd be ok with it.
Jan 11, 2019, 5:24 am
#102
Suspended
Original Poster
Join Date: May 2011
Location: London
Programs: *A G, OW S.
Posts: 996
I've just had the following from Hayes Connor.
Latest Update Information 11/01/2019
A Letter of Claim has now been sent to been sent to BA and their solicitors. This shows them that we are serious about pursuing potential litigation in respect of your claim.Yesterday we met with other solicitors who are also pursuing claims against BA for the data breach. We believe that a joined-up approach with these solicitors will allow us to proceed on a similar footing with the other claimants, and maximise your chances of success.We will be undertaking a review of your claim shortly and will contact you directly to update the information we hold on how the breach has impacted you.
Feb 28, 2019, 10:07 am
#104
Join Date: Oct 2012
Location: London
Programs: BA Gold
Posts: 1,345
I've just now received a link to their survey. I've not yet taken a look at it, as at the bottom of the email it says:
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?
Feb 28, 2019, 10:22 am
#105
Join Date: May 2006
Location: 5 miles from EMA
Programs: BD, BAEC Pleb, VS Pleb, Accor Pleb, HHonors Gold, Big White Season Pass
Posts: 5,902
I've just now received a link to their survey. I've not yet taken a look at it, as at the bottom of the email it says:
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?
We wish to also put you on notice that we have re-drafted the initial engagement documents and no win no fee agreement. We will be sending out new documents and will invite you to agree to the new terms. The documents have been drafted to maximise the compensation that you will receive as those you re-sign under the new terms will not be required to pay us 35% of any compensation awarded and will instead retain 100%. A further email regarding this will be sent in due course.
I'm assuming they're not doing this out of the goodness of their hearts, so I'm slightly concerned about how their fees are going to be paid - I don't think I want to do anything further until I know this in case they suddenly start demanding money up front. Has anyone else received this yet?