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Settlement Affects Purchasers of Airline Tickets between the U.S. and Asia, Australia, New Zealand, or the Pacific Islands


News provided by

Cotchett, Pitre & McCarthy, LLP and Hausfeld, LLP

Jul 08, 2019, 09:10 ET

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SAN FRANCISCO, July 8, 2019 /PRNewswire/ -- The following is being released by the law firms of Cotchett, Pitre & McCarthy, LLP and Hausfeld, LLP.

A $58 million Settlement has been reached with All Nippon Airways ("ANA") in a class action lawsuit involving the price of airline tickets. Settlements were previously reached with 12 Defendants.  The lawsuit claims that ANA agreed to fix prices on tickets for transpacific air travel.  As a result, ticket purchasers may have paid more than they would have in the absence of the price-fixing.  ANA denies any liability, although it has pled guilty to fixing the prices of certain discounted tickets.

There are three classes included in this Settlement.  Generally, purchasers may be included if: (1) Japan Class - they bought a ticket for air travel from ANA or Japan Airlines between February 1, 2005 and December 31, 2007 that included a fuel surcharge; and/or (2) Satogaeri Class - they purchased a ticket from ANA or Japan Airlines between January 1, 2000 and April 1, 2006 for a Satogaeri (i.e., "homecoming") fare and the ticket included at least one flight segment originating in the U.S. to Japan; and/or (3) Settlement Class III - they bought a ticket for air travel from one of 13 airlines, including ANA or Japan Airlines; the ticket included at least one flight segment originating in the U.S. to Asia or Oceania; and their purchase was made between January 1, 2000 and December 1, 2016.

The full class definitions are available at www.AirlineSettlement.com.  Travel agents are only included if they bought tickets for their personal use.

ANA has agreed to pay $58 million (the "Settlement Fund").  Money will be distributed pursuant to a Plan of Allocation approved by the Court.  At this time, it is unknown how much each eligible member of the Classes will receive.  However, based on the claims that have already been filed, it is estimated that the average payment of prior settlements, which had classes similar to Settlement Class III, could be in the range of $5 per eligible ticket claimed.  Because there is no prior claims history for the Satogaeri and Japan Classes, a per ticket estimate is not possible for those classes.  Claims from the earlier round of settlements have not yet been audited.  As a result, the number of claimed tickets that are determined to be eligible may be reduced, and the corresponding amount of compensation to be allocated among the remaining eligible claims may increase.

Class Members must submit a Claim Form online at www.AirlineSettlement.com or by mail.  The earliest deadline to submit a Claim Form is February 15, 2020, but Class Members will have until 120 days after the Settlement becomes final and effective to file a claim.   

If Class Members do nothing, they will be bound by the Court's decisions and will get no money.  As described above, if Class Members want to get money from the Settlement, they must file a claim.  If Class Members want to keep their right to sue ANA and get no money from the Settlement, they must exclude themselves from the classes by September 13, 2019.  If Class Members stay in the classes, they may object to the Settlement by September 13, 2019.  The detailed notice describes how Class Members can exclude themselves or object and is available on www.AirlineSettlement.com.

The Court will hold a hearing on October 18, 2019 to consider whether to approve the Settlement and a request for attorneys' fees up to one-third of the Settlement Fund, plus reimbursement of costs and expenses.  Class Members or their own lawyer may appear at the hearing at their own expense, but they do not have to attend.

For more information & a detailed notice, please call 1-800-439-1781 or visit www.AirlineSettlement.com.

SOURCE Cotchett, Pitre & McCarthy, LLP and Hausfeld, LLP

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