How To See Your British Airways Class Action Settlement (I’m Getting $837!)

Yesterday I wrote about how a settlement has been reached with British Airways regarding a class action lawsuit over fuel surcharges.

This settlement includes all US Executive Club members who redeemed Avios for award tickets between November 9, 2006, and April 17, 2013, and who paid British Airways imposed fuel surcharges. If that describes you, and if the judge signs off on it, you’ll receive either Avios or cash.

Note that if you redeemed other points currencies for travel on British Airways during that period and paid surcharges, you wouldn’t be eligible for this. That’s because this lawsuit is in regards to the Executive Club program terms, and how they referred to these fees as “fuel surcharges” rather than “carrier imposed surcharges,” even though their existence had no correlation to the cost of fuel.

You can choose Avios or cash in this settlement

If you’re eligible for this settlement and do nothing, then you should automatically have the following number of Avios deposited in your Executive Club account within 30 days of when the case is signed off on (which is expected to be July 27):

  • 12,500 Avios if you made one redemption
  • 20,000 Avios if you made between two and five redemptions
  • 35,000 Avios if you made six or more redemptions

Alternatively, members can elect to receive a payment of 16.9% of the total fuel surcharges they paid for all award tickets they purchased during the period, with a minimum of $5. In order to select this option you’ll have to file a claim by July 29, 2018. When I wrote the post yesterday the option to file a claim (or to see what you were entitled to) wasn’t live yet, though it is now.

Check your British Airways fuel surcharge settlement options

To see how many Avios or how much cash you’re entitled to, you’ll want to visit this page. There you’ll be asked to enter a “Unique ID.”

As it turns out, there was an email sent out to eligible members within the past couple of days about this, and I completely missed it, since it went into my spam folder. So check your spam folder. The email was sent from info@fuelsurchargeclassaction.com, and the subject line was “Dover v. British Airways Fuel Surcharge Class Action Notice.”

I entered my information, and to be honest I wasn’t sure I made any eligible transactions during that period. At least off the top of my head I couldn’t remember any eligible bookings I made during that period. Boy was I wrong (and now that I look through my old emails, I see the redemptions from then).

After entering my Unique ID I was presented with the option of 35,000 Avios or $837.08. That means I paid almost $5,000 in fuel surcharges during that period, which is a surprise to me. My guess is that this included redemptions on partner airlines as well, as long as you booked through the Executive Club.

As I explained yesterday, if you want the Avios as part of the settlement, you don’t have to do anything. You’ll automatically have the Avios deposited in your Executive Club account. However, I wouldn’t pay 2.4 cents per Avios, so in this case cash is the much better option.

If you do want cash in this settlement then you’ll have to specifically request it by filling out the form by July 29, 2018. The process of doing that is easy, though. You just have to enter some basic personal information.

Then you have to agree that all of the statements listed describe you, and then you have to sign.

For those who also made redemptions during the eligible period, are you selecting the cash or points option?

(Tip of the hat to View from the Wing)

Comments

  1. Offered 12500 avios or $36. Took the points obviously. Thanks for keeping us in the loop.

  2. Didn’t get email and had multiple bookings on CX and RJ and those have yq on it. Wondering

  3. Thanks for letting us know about the email, mine was in junk folder too, never would have seen it.

  4. Thanks for this post. I had some Avios redemptions on BA (flights used in 2012) but didn’t get the email. Are you aware of anything one can do if not contacted proactively?

  5. Let’s all thank Dover for showing leadership where the bloggers should have shown.

    Without Dover pursuing the cad you wouldn’t be seeing much of anything, but just more whining on the blogs.

  6. You guys are all stupid for paying that ridiculous BA YQ in the first place.
    I use BA for travel only on North American route.
    And I used over 20 million miles on other carriers w/ only nominal YQ.

  7. Whatever cash option you receive, multiply it be 5. That’s how much you all paid for your “free” flights.

    “Score!”

  8. $487.51 vs. 20,000 Avios points? Getting the cash (2.4¢ per mile) is a no-brainer, especially given all of the Amex miles I have that I can transfer to BA.

  9. Thank you so much for the notice! I would’ve completely missed the email. It was 20,000 miles or $1052 for me so it was important that I claim the cash amount.

  10. Seems redemption on Partners are not included in the settlement?

    We have redemption on NIKI. CX and MA, dont receive the email notice.

  11. Bummer – I had an award ticket in 2010 where I thought I paid about 700 in fuel surcharges, so was hoping for about $118, but instead got 20,000 miles or 45.58. What do y’all think I should take?

  12. Colin – I was never under any illusion that these flights were “free”, they were merely the best option available at the time…

    Sam – No, you’re the stupid one if you don’t take a flight that offers the best price to you simply because some of that price consists of a fuel surcharge…

  13. So the question is, will there be a similar suit against Flying Blue? What is the difference between their fuel surcharges vs. BA?

  14. who want to join with me and we can try to start up a similar suit in Canada-US based people shouldn’t be the only ones with standing for a suit.

  15. The difference is that BA charged ~$1,250 for a RT business ticket from US to LHR and Flying Blue charges ~$500-$600

  16. @ Richard – Correct. Any claim you might have is beyond the jurisdiction of a US court.

    @ Mike – That valuation is intentionally inflated so plaintiffs’ counsel can collect higher fees.

    @ Debit – Dover did next to nothing. Thank the wonderful attorneys at Leif Cabraser. They’re among the best in consumer class actions.

  17. Thank you so much for flagging this! My notice was in my spam folder as well. As it turns out, the Avios they were offering me were worth a little more than the cash (assuming $0.013/Avios), and I’m an active EC member, so I didn’t have to do anything. But apparently some people are being offered much better cash ratios.

  18. I might have deleted the e-mail from my spam folder. Any suggestions on how to find it. I’m definitely eligible. I took 2 Avios trips in 2013…

  19. I took almost a dozen qualifying trips during the time period…but I didn’t receive an email… Any idea how to get your ID otherwise?

  20. Thank you for letting us know ! My wife and I are both getting $1177.36 each or 35,000 avios each ( no way ! ). It was a pleasure doing business with you !!!!

  21. I finally received my claim number today. One thing I realized; if you booked an open-jaw award, in my case JFK-LHR-CPT/JNB-LHR-JFK, that’s 2 record locators, so the settlement treats that as 2 redemptions. So, I get 20,000 Avios instead of 12,500!!!

  22. So does this mean that BA will no longer charge the fuels surcharge on award trips? I understand that this was a settlement payment but shouldn’t they eliminate the surcharge or face a future suit? Last week I redeemed an Open Skies award Paris to NY flight with $350 surcharge (purchased on AA.com,, Only option for J flight around my date.

  23. Data point for those who did not receive an email notification. I posted above on 6/2 that I didn’t get any notification.

    I can tell you I received an email yesterday (6 June) from “Fuel Surcharge Class Action” at the same email address that’s on file with BA. So if you know you’re eligible, you can simply wait and it will be likely they’ll catch up to you. However if you’re antsy, you can email them (info@fuelsurchargeclassaction.com) and they should be able to help you out that way too.

  24. Anyone have any luck trying to contact anyone via phone. We keep getting circuitous replies from them via email, but no id number. Checked spam folders. Been just shy of a week. Thanks!

  25. I don’t believe they are reachable by phone. I sent an e-mail and they sent me my claim number about 3 days later. Keep trying…

  26. They replied to my emails, but they stated that I was not eligible.
    Redeemed Avios for CX flights in December 2012, and I live in the US. Also, the award-ticket receipts show ‘Fuel Charges’.
    Any idea?

  27. Ugh I made one booking for two in F in January 2013 for a flight in July 2013. I reckon the fuel surcharge was ~$700 of the $900 in taxes/fees. However I changed the flight in early July, one day before my flight to fly from DC instead of JFK, I suppose that prevents me from being included as they said I wasn’t included.

    Likely would have gotten ~$100 or 12.5k avios (unless a redemption for 2 people counts as two redemptions).

  28. From http://www.fuelsurchargeclassaction.com/faq

    The Court held a Final Approval Hearing on July 27, 2018 to decide whether to approve the Settlement. Even if the Court approves the Settlement, there could be appeals. The time for an appeal varies, and could take more than a year.

    The Effective Date is the date when all appeals are completed, and the Settlement becomes final. You can visit this website’s Homepage periodically to check on the progress of the Court-approval process and the Effective Date. Please be patient.

    Avios deposits and Cash Option checks will be issued no more than 30 days after the Effective Date. The Court will have the power to enforce the terms of the Settlement Agreement.

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