WestJet Airlines has agreed to a settlement of $12.5 million in a class action lawsuit concerning baggage fees charged for first-checked bags. Approved by the Supreme Court of British Columbia, this settlement addresses claims from passengers who were allegedly charged fees in violation of WestJet’s tariff policies. The settlement not only provides compensation to affected travelers but also highlights the importance of transparency in the airline industry regarding baggage fee disclosures.
Origins of the Lawsuit
The class action lawsuit stems from complaints filed by passengers who paid unexpected baggage fees for their first checked bags on flights operated by WestJet between 2014 and 2019. These fees were believed to be levied contrary to the airline’s advertised policies, sparking customer outrage. The settlement aims to alleviate the financial burden faced by these travelers and promote corporate accountability in adhering to advertised policies.
Table of Contents
- What is the WestJet Baggage Fee Settlement?
- Who is Eligible to Claim?
- How Much Compensation Can You Receive?
- Conditions and Limitations
- Instructions for Filing a Claim
- Important Dates and Contact Information
What is the WestJet Baggage Fee Settlement?
In June 2024, Evolink Law Group announced the proposed settlement for a class action lawsuit against WestJet. The Supreme Court of British Columbia gave final approval to the $12.5 million settlement in October 2024.
Although WestJet has not admitted liability, the airline agreed to pay this amount to resolve the claims made by travelers who were charged baggage fees in violation of its tariff policy. The settlement will compensate eligible individuals who paid fees for their first checked bag in contravention of the airline’s published policies.
Who is Eligible to Claim?
The settlement applies to travelers who booked flights directly with WestJet during the class period, including both domestic and international flights. Specific eligibility details include:
- Canadian Domestic Flights: Travelers who paid a baggage fee for their first checked bag on flights between October 29, 2014, and July 29, 2017.
- International Flights: Travelers who paid a baggage fee for their first checked bag on international flights between January 6, 2016, and February 27, 2019.
- Additionally, anyone who booked a flight during these periods where the first checked bag was advertised as free is also eligible to claim.
How Much Compensation Can You Receive?
The total settlement of $12.5 million will be distributed to eligible claimants after deductions for legal fees, administrative costs, and other reasonable expenses. Here’s a breakdown of the distribution:
- Class Counsel Fees: One-third of the settlement fund.
- Plaintiff Honorarium: $1,500.
- Administrative Costs and Disbursements: Reasonable costs, as approved.
Once these deductions are made, the remaining funds will be distributed among class members on a pro-rata basis. If the claim rate is around 5%, each eligible claimant could receive between $10 to $20.
Conditions and Limitations
- Travel Bank Credits: Compensation will be issued as WestJet Travel Bank credits, which are valid for 24 months. These credits can be used for future flights with WestJet, and there are no blackout periods.
- Maximum Compensation: Travelers who flew on or after July 6, 2017, may receive up to $45 per approved claim, while those who traveled before July 5, 2017, could receive up to $18 per claim.
- Expiry of Credits: All credits must be used within the 24-month period, or they will expire. These credits are non-transferable but can be used to book flights for another person.
Instructions for Filing a WestJet Settlement Claim
The claims period started on November 11, 2024, and will close on February 10, 2025. Eligible travelers can submit their claims using one of the following methods:
- Email Notice: If you received an email from the Claims Administrator, use the provided Unique ID and PIN to submit a pre-populated claim form.
- Online Claim Form: Submit your claim electronically on the official settlement website. Be sure to include proof of class membership when submitting the form.
- Paper Claim Form: Download and complete a paper claim form from the settlement website. Then, mail it to:
- WestJet Settlement Administrator, c/o A.B. Data, Ltd., P.O. Box 173103, Milwaukee, WI 53217
Each class member can submit claims for a maximum of three checked bags.
Important Dates and Contact Information
- Claims Period Start Date: November 11, 2024
- Claims Period End Date: February 10, 2025
- Claims Administrator: A.B. Data, Ltd.
- Mailing Address: P.O. Box 173103, Milwaukee, WI 53217
For any discrepancies between this notice and the official settlement agreement, the settlement agreement will prevail. Class members are encouraged to review the full settlement agreement for complete details.
