WestJet Class Action Settlement: $12.5 Million Settlement for First Checked Bag Fees.
In October 2024, the Supreme Court of British Columbia approved a $12.5 million settlement related to a class action lawsuit against WestJet. The plaintiff alleged that the airline improperly charged passengers for their first checked bag, in violation of a specific provision in its tariff. Despite the settlement, WestJet has not acknowledged any wrongdoing.
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Important Dates for WestJet Class Action Members
The claims process for the class action will begin on November 11, 2024, with the deadline to file claims set for February 10, 2025. Passengers who paid a fee for their first checked bag after booking directly with WestJet during the class period may be eligible to claim compensation. This applies to both Canadian domestic flights and international flights booked under a tariff that indicated a free checked baggage policy.
Class members include anyone who traveled between October 29, 2014, and July 29, 2017, for domestic Canadian flights, or between January 6, 2016, and February 27, 2019, for international flights. Travelers who booked under a policy that mentioned complimentary checked bags are also included.
Settlement Details and Payout
The settlement, totaling $12.5 million, will be used to cover various expenses, including class counsel fees, administrative costs, disbursements, and an honorarium for the plaintiff. "WestJet will pay in the form of cash class counsel fees (one-third of the settlement), disbursements, and the plaintiff’s honorarium ($1,500)," states the settlement notice.
After these deductions, the remaining funds will be distributed to eligible class members as credits to their WestJet Travel Bank accounts. These credits can be redeemed for WestJet flights within 24 months. However, they will expire after this period if not used. Travel Bank credits are non-transferable but may be used for booking flights for other passengers.
Based on an estimated claims rate of 5%, class members could expect to receive between $10 and $20. The actual amount depends on the number of claims submitted. The settlement also has a separate distribution formula for customers who traveled before or after July 6, 2017, due to potential limitation periods.
How to File a Claim
Class members have until February 10, 2025, to submit their claims. There are three ways to file a claim:
- Email Submission: If you received an email from the Claims Administrator, you can use the Unique ID and PIN provided in the email to submit a prefilled claim form.
- Online Submission: Alternatively, you can fill out the claim form online and provide evidence of your class membership.
- Paper Claim Form: If you prefer, download and complete a paper claim form, then send it to the WestJet Settlement Administrator at the specified address.
It is important not to submit multiple claims via different methods, as this can cause delays in the processing of your claim.
Evolink Legal is a law firm specializing in class action litigation, consumer protection, and other legal matters. With a focus on advocating for the rights of individuals, Evolink Legal represents clients in cases involving corporations and large entities. The firm is dedicated to providing personalized legal services and fighting for justice, particularly in cases where consumers' rights have been violated. Evolink Legal’s experienced team works to ensure that clients receive fair treatment and adequate compensation in a range of legal disputes. They are committed to transparency, integrity, and achieving favorable outcomes for those they represent.
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