What are the lawsuits about?
The original lawsuit claimed that thirteen Defendants agreed to fix the prices of airline tickets for travel between the United States and Asia/Oceania. As a result, ticket purchasers may have paid more than was necessary. The Defendants in that lawsuit are: All Nippon Airways Co., Ltd. ("ANA"); Air New Zealand Limited; China Airlines, Ltd.; EVA Airways Corporation; Philippine Airlines, Inc.; Cathay Pacific Airways Limited; Japan Airlines International Company, Ltd. (“JAL”); Malaysian Airline System Berhad; Qantas Airways Limited; Singapore Airlines Limited; Societe Air France; Thai Airways International Public Co., Ltd.; and Vietnam Airlines Company Limited.
The lawsuit also claims that ANA and JAL agreed to fix the prices of airline tickets and/or fuel surcharges for travel between the United States and Japan. The lawsuit claims that ANA and JAL agreed to institute and raise fuel surcharges on airline tickets between February 1, 2005 and December 31, 2007, and to fix the prices of airline tickets on certain fares called Satogaeri or "homecoming" fares, which are discount fares marketed to Japanese people living in the U.S. for travel to Japan between January 1, 2000 and April 1, 2006. As a result, ticket purchasers may have paid more than was necessary.
ANA has pled guilty to fixing the prices of certain discounted tickets for transpacific air transportation sold in the United States from at least as early as April 1, 2000 until at least April 1, 2004. This guilty plea does not apply to the fuel surcharge claims alleged in this case.
Please note that settlements involving transpacific air travel were reached in 2015 with eight of the Defendants (including JAL), 2018 with four of the Defendants and 2020 with one of the Defendants.
What is a class action?
In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class. In this case, there are several classes described in the settlement agreements.
Who are the Defendants?
All Nippon Airways Company, Limited (“ANA”), Air New Zealand Limited (“ANZ”), China Airlines, Ltd. (“China Airlines”), EVA Airways Corporation (“EVA”), Philippine Airlines, Inc. (“PAL”), Cathay Pacific Airlines Limited, Japan Airlines International Company, Ltd. (“JAL”), Malaysian Airline System Berhad, Qantas Airways Limited, Singapore Airlines Limited, Societe Air France, Thai Airways International Public Co., Ltd., and Vietnam Airlines Company Limited.
Who are the Co-conspirator Airlines?
American Airlines, Asiana Airlines, British Airways, Continental Airlines, Delta Airlines, Korean Air Lines, KLM Royal Dutch Airlines, Northwest Airlines, Scandinavian Airlines System, Swiss International, United Airlines, and Virgin Atlantic Airways.
What do the Settlements provide?
Pursuant to the proposed plan of allocation, eligible claims will receive a pro rata share of the applicable settlement funds for each class in which the claim(s) qualify. A portion of the Settlement Fund will be used to pay the costs of class notice and administration and attorneys’ fees and costs. It is possible that any money left after paying Class Members that is economically infeasible to distribute will be donated to charities approved by the Court. More details are in the Settlement Agreements, which are available on this website under Court Documents.
The Court has approved thirteen settlements totaling $147,402,000. Each Defendant airline's contribution to the settlement fund is:
| Defendant |
Contribution |
| Air France |
$867,000 |
| Cathay Pacific Airways |
$7,500,000 |
| Japan Airlines |
$10,000,000 |
| Malaysian Airline |
$950,000 |
| Thai Airways |
$9,700,000 |
| Vietnam Airlines |
$735,000 |
| Qantas |
$550,000 |
| Singapore Airlines |
$9,200,000 |
| ANZ |
$400,000 |
| China Airlines |
$19,500,000 |
| EVA |
$21,000,000 |
| PAL |
$9,000,000 |
| ANA |
$58,000,000 |
| Total |
$147,402,000 |
How much money will I receive?
In order to receive a payment, you needed to file a valid claim form and provide any additional documentation requested.
Pursuant to the plan of allocation, eligible claims received a pro rata share of the applicable settlement funds for each class in which the claim(s) qualify.
The tickets claimed on eligible claims were included in the pro rata calculation for each Settlement Class as follows:
JAL Settlement Class:
Air France/Singapore Airlines/Vietnam Airlines Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines and Co-conspirator airlines for Phase 1 class period.
Malaysian Air Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines and Co-conspirator airlines for Phase 1 class period.
Thai Airways Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) and purchases on Korean Air Lines, Ltd. and/or Asiana Airlines, Inc., between the U.S. and the Republic of Korea will be compensated.
- Includes tickets claimed for Settlement Class Defendants airlines and tickets claimed for Korean Air Lines, Ltd. and/or Asiana Airlines, Inc., between the U.S. and the Republic of Korea for Phase 1 class period.
Cathay Pacific Airways/Qantas Settlement Class:
ANZ Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines for Phase 1 and Phase 2 class periods and Co-conspirator airlines for Phase 1 and 2 class periods.
EVA/China Airlines Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines for Phase 1 and Phase 2 class periods.
PAL Settlement Class:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines for Phase 1 and Phase 2 class periods and Co-conspirators for Phase 1 and 2 class periods.
Settlement Class III:
- Claims for U.S. originating travel (one-way or roundtrip) will be compensated.
- Includes tickets claimed for Settling Defendant airlines for all class periods.
Japan Settlement Class Fuel Surcharge:
· Claims for U.S. originating travel (one-way or roundtrip) for Japan Airlines International Company, Ltd. or All Nippon Airways Company, Limited (ANA) that include a fuel surcharge will be compensated.
Satogaeri Settlement Class:
When will I get benefits?
The net settlement fund was disbursed on March 17, 2022 to qualified Settlement Class Members per the terms of the Distribution Order approved by the Court on February 3, 2022.
Do I have a lawyer representing me?
The Court has appointed the following law firms as Class Counsel to represent you and all other members of the Classes:
Cotchett, Pitre & McCarthy LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Hausfeld, LLP
600 Montgomery Street
Suite 3200
San Francisco, CA 94104
If you have any questions about the Settlement, you can talk to Class Counsel, or you can retain your own lawyer at your own expense.
How will the lawyers be paid?
You do not need to separately pay Class Counsel. Class Counsel will request a fee award in connection with the final approval of the Settlement. The final amounts in attorneys’ fees and costs sought from the Settlement Fund will be outlined in Plaintiffs’ Motion for Attorneys’ Fees and Reimbursement of Reasonable Litigation expenses, which will be filed with the Court and posted on the this website under Court Documents no later than 35 days prior to the objection deadline.
Where can I get more information?
To get more information, including the precise terms and conditions of the Settlement, please see the Settlement Agreement on this website’s Court Documents page, by calling 1-800-439-1781, or by writing to: Transpacific Air Settlement, P.O. Box 2209, Faribault, MN 55021-1609, USA.
You can also get more information about the Settlement by contacting Class Counsel:
| Cotchett, Pitre & McCarthy LLP |
Hausfeld, LLP |
| San Francisco Airport Office Center |
600 Montgomery Street |
| 840 Malcolm Road, Suite 200 |
Suite 3200 |
| Burlingame, CA 94010 |
San Francisco, CA 94111 |
You can also get copies of the official Court file by accessing the Court docket in this case for a fee:
- Through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or
- By visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
Why did I receive a check, what is this check for?
Payments for monetary benefits in connection with the Transpacific Airline Settlement were mailed on March 17, 2022 to Class Members who submitted claims that were determined to be eligible for payment.
How do I get my check reissued?
Please send an email to info@airlinesettlement.com or write a letter requesting a reissuance to:
Transpacific Air Transportation Settlement
c/o Rust Consulting, Inc. - 4422
PO Box 2209
Faribault MN 55021-1609
USA
Include your name and address, your Class Member ID, and the reason you are requesting a reissuance.
What do I do if I am unable to cash the check I received?
Please send an email to info@airlinesettlement.com or write a letter explaining why you are unable to cash the check received to:
Transpacific Air Transportation Settlement
c/o Rust Consulting, Inc. - 4422
PO Box 2209
Faribault MN 55021-1609
USA
Include your name, address, and Class Member ID.
Will I receive a 1099? How will this payment be taxed?
You should be aware that the money you are eligible to receive may have consequences with respect to your federal, state, or local tax liability, as well as eligibility for any public assistance benefits you may receive. You should talk to your tax advisor to find out if there are any tax consequences from this settlement payment. No tax form will be sent, however, your tax treatment will depend on your particular facts and circumstances. Neither Class Counsel nor the Settlement Administrator can offer individual tax advice.
What if I don't want to cash my payment? What happens to the money from uncashed checks?
Once the check void date has passed, Plaintiffs will provide an update to the Court regarding any remaining net settlement funds and will provide a further recommendation as to whether a secondary redistribution of the remaining net settlement fund, or a cy pres award, is appropriate.