BA Fuel Surcharge Class Action

Welcome to the BA Fuel Surcharge Class Action Website

Last updated on October 26, 2018


The deadline to submit your Cash Claim Form has passed.


A Settlement has been reached in a class action lawsuit. In the lawsuit, Plaintiffs allege that British Airways PLC (“BA”) charged fuel surcharges on award flights to members of its frequent flyer program (the “Executive Club”) that breached the contract (the “EC Contract”) with those members (“Settlement Class Members”).  BA denies that it breached the EC Contract and denies that it did anything wrong.  The Court has not decided who is right. Instead, the Parties agreed to a Settlement.  Defined terms (with initial capitals) used on this website and not otherwise defined have the same meaning as set forth in Section II ("Definitions") of the Settlement Agreement.

Who is included?

If you received the Class Notice in the mail, it is because BA’s records indicate that you may be a Settlement Class Member. The Settlement Class includes all United States resident Executive Club Members who redeemed frequent flyer miles (“Avios”) for an award ticket from November 9, 2006 through April 17, 2013 (the “Class Period”) and who paid a BA-imposed fuel surcharge so long as that United States resident Executive Club Member provided BA with a valid United States address at the time of booking.

What are the Settlement Terms?

Settlement Class Members with an Active Executive Club account will automatically have between 12,500 and 35,000 Avios (depending on how many times they redeemed Avios during the Class Period) placed in their accounts or, in the alternative, they may elect to receive a payment of 16.9 percent of the total fuel surcharges they paid for all award tickets they purchased during the Class Period, with a minimum payment of $5.00 (the “Cash Option”) by filing a Valid Claim.  Settlement Class Members without an active Executive Club account may be eligible to receive the Cash Option by filing a Valid Claim.

Your Other Options

If you are a Settlement Class Member and do not want to be legally bound by the Settlement, you must have excluded yourself by July 6, 2018.  If you did not exclude yourself, you released Claims that were or could have been made against BA related to this case. If you stayed in the Settlement, you could have objected to it by July 6, 2018.  The Court held a hearing on July 27, 2018 to consider whether to approve the Settlement.  For more information on the hearing, see FAQ 17.

Your Legal Rights and Options

Options What They Mean Deadlines
Do Nothing & Obtain Avios if you are an Active Executive Club Member You are not required to take any action to receive the Avios benefits of the Settlement (receiving between 12,500-35,000 Avios depending on the number of redemptions you had during the Class Period) if you are an Active Executive Club Member.  If the Settlement is finally approved, you will be bound by the Court’s Final Judgment and the release of claims explained in the Settlement Agreement.

If you are a Former Executive Club Member and do not take any action, you will not receive anything under the Settlement.  However, if the Settlement is finally approved, you will be bound by the Court’s Final Judgment and the release of claims explained in the Settlement Agreement.
None
Select the Cash Option You must submit a completed Cash Claim Form to select the Cash Option.  The minimum possible Cash Option payment is $5.  You may view the exact amount of your Cash Option and file a claim at the Benefits Lookup tab. To find out how to select the Cash Option, see FAQ 9. Received on or before July 29, 2018 (Expired)
Object or Comment Write to the Court about why you do or do not like the Settlement.  To find out how to object or comment, see FAQ 14. Filed & served on or before July 6, 2018 (Expired)
Exclude Yourself (Opt Out) Get no benefits from the Settlement.  Requesting exclusion from the Settlement (also called “opting out”) would allow you to file or continue your own lawsuit against BA about the legal claims involved in the Settlement, individually.  To find out how to opt out, see FAQ 12. Received on or before July 6, 2018 (Expired)
Go to a Final Approval Hearing Whichever of the above options you choose, you may also ask to speak in Court about the Settlement.  To find out how to do so, see FAQ 19 Filed & served on or before July 6, 2018 (Expired)

For More Information

Visit this website often to get the most up-to-date information.

Mail

BA Fuel Surcharge Class Action
c/o JND Legal Administration
PO Box 91306
Seattle, WA 98111