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Commonly Asked Questions

 1.  What is the Notice About?

Answer:

The Notice is to inform you that the lawsuit against All Nippon Airways Company, Limited (“ANA”) has been “certified” as a Class Action.  This means that the lawsuit meets the requirements for class actions and may proceed to trial.  If you are included in the Class(es), you have legal rights and options that you may exercise. The Plaintiffs will have to prove the claims they have made against the Non-Settling Defendant on your behalf.

The United States District Court for the Northern District of California presides over this case.  The case is called In re Transpacific Passenger Air Transportation Antitrust Litigation, MDL No. 1913.  The people that sued are called Plaintiffs, and the companies they sued are called the Defendants.

2. What is the Lawsuit About?

Answer:

The lawsuit claims that ANA and Japan Airlines International Company, Ltd. (“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 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 to visit friends and relatives 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 previously reached in 2015 with eight Defendants (including JAL) and 2018 with four Defendants.  This group of Defendants is called “Settling Defendants.”  The Court has already approved eight settlements totaling $39,502,000.  There are four additional settlements totaling $49,900,000 presented to the Court for approval.

The lawsuit is continuing against ANA since it has not agreed to settle.  

3. What is a Class Action?

Answer:

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, and two additional classes are defined below for the litigation that will continue against ANA.

4. Why are there Settlements but the Lawsuit is Continuing?

Answer:

Settlements were previously reached with 12 of the Defendant airlines.  ANA has not agreed to settle, so the lawsuit continues against it. 

Additional money may become available in the future as a result of a trial or future settlements.  Alternatively, the litigation may be resolved in favor of ANA, and no additional money may become available.  There is no guarantee as to what will happen.

5. How do I Know if I am Included in the Classes?

Answer:

There are two separate Classes included in the ongoing litigation: the Japan Class and Satogaeri Class.

The Japan Class includes: All persons and entities that directly purchased tickets for passenger air transportation from JAL or ANA, or any predecessor, subsidiary or affiliate thereof, that originated in the United States and included at least one flight segment from the United States to Japan between the period beginning February 1, 2005 and ending December 31, 2007. Excluded from the Japan Class are any tickets that did not include a fuel surcharge.  Excluded from the Japan Class are any antitrust immunized fares agreed upon at International Air Transport Association ‘Tariff Coordinating Conferences.’  Excluded from the Japan Class are tickets exclusively acquired through award or reward travel or any tickets acquired for infant travel with a 90% discount.  Also excluded from the Japan Class are purchases by government entities, Defendants, any parent subsidiary or affiliate thereof, and Defendants’ or any other commercial airline’s officers, directors, employees, agents, and immediate families.

The Satogaeri Class includes: All persons and entities that directly purchased Satogaeri fares from JAL or ANA or any predecessor, subsidiary or affiliate thereof, that originated in the United States and included at least one flight segment to Japan and does not include travel to countries other than the United States and Japan between the period beginning January 1, 2000 and ending April 1, 2006.  Excluded from the Satogaeri Class are purchases by government entities, Defendants, any parent subsidiary or affiliate thereof, and Defendants’ officers, directors, employees and immediate families.  Also excluded are purchases of Satogaeri Special fares and maerui satogaeri fares. 

6. Are Travel Agents Included in the Classes?

Answer:

No.  Travel agents are not included in the Classes simply by virtue of being travel agents. Travel agents are only included in the Classes if they personally purchased tickets included in the two Classes for their own use.  The Court has expressed a desire that travel agents take whatever reasonable steps necessary to contact customers and inform them about the class action.

7. Is There Any Money Available Now?

Answer:

No money or benefits are available now because the Court has not yet decided whether ANA did anything wrong and the two sides have not settled the case.  Plaintiffs are asking for money or other benefits.  There is no guarantee that money or benefits will ever be obtained.

8. What Happens if I Do Nothing?

Answer:

If you do nothing, you will automatically remain in the Classes.  You will be legally bound by all Court orders (including any judgment entered for or against the Classes or any future settlement), which means you won’t be able to separately sue, or continue to sue, ANA about the legal claims in this case.

If you are included in the definition of the Classes and you want to sue ANA on your own about the related claims in this lawsuit, you must exclude yourself from the Classes.  If you exclude yourself, you won’t get any money from future distributions to the Classes if the Plaintiffs obtain any money as a result of a trial or any future settlements with ANA.

·        9. How Do I Get Out of the Class(es)?

Answer:

If you decide not to participate in the lawsuit, you must exclude yourself from these litigation Class(es).  If you exclude yourself, you will not receive any benefits that may result from this lawsuit.  You will not be bound by any Court orders and you keep your right to sue ANA on your own regarding the issues in this case. 

To exclude yourself from the Class(es), you must send a letter (a “Request for Exclusion”) by mail.  It must include:

  • Your name, address, and telephone number;
  • A statement that you want to be excluded from the Japan Class and/or the Satogaeri Class and indicate you are excluding yourself from the ANA Litigation (e.g.,“I/we hereby request that I/we be excluded from the Japan Class and/or Satogaeri Class in the In re Transpacific Passenger Air Transportation Antitrust Litigation.”); and
  • Your signature. 

Your Request for Exclusion must be postmarked no later than February 10, 2019, to: 

Transpacific Air Litigation Exclusions
P.O.Box 2209
Faribault, MN 55021-1609 

10. If I Don’t Exclude Myself, Can I Sue For the Same Thing Later?

Answer:

No. If you exclude yourself from the Class(es), you will not be eligible for payments from any future settlements with or judgments against ANA.

11. If I Exclude Myself, Can I Still Get Benefits?

Answer:

No. If you exclude yourself from the Class(es), you will not be eligible for payments from any future settlements with or judgments against ANA.

12. Do I have a Lawyer Representing Me?

Answer:

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 94111

If you have any questions about the litigation, you can talk to Class Counsel, or you can retain your own lawyer at your own expense. 

13. How Will the Lawyers Be Paid?

Answer:

You do not have to pay Class Counsel. Class Counsel will seek an award of fees and costs from the Court, to be paid separately by ANA, or out of the recoveries payable to Class Members, if any.

14. When and Where Will the Trial Take Place?

Answer:

If the case is not dismissed or settled, Plaintiffs will have to prove their claims at a trial that will take place at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, Courtroom 6, 17th Floor.  Please check this website or call 1-800-439-1781 to be kept up-to-date on the date, time, and location of the trial.  During the trial, a jury will hear all of the evidence so a decision can be reached About whether the Plaintiffs or ANA are right about the claims in the lawsuit.  There is no guarantee that the Plaintiffs will win at trial.

15. Do I Have To Come to the Trial?

Answer:

No.  Class Counsel will present the case for the Plaintiffs, and ANA will present the defenses. You and/or your own lawyer are welcome to come at your own expense.

16. What Are Plaintiffs Asking For From the Defendant?

Answer:

The representatives for the Classes are seeking to recover money for their members.

17. Will I Get Money After the Trial?

Answer:

There is no way to know at this time.  If you do not exclude yourself from the Class(es), and if the Plaintiffs win at trial, you will need to prove that you are a member of the Class(es) to recover any money or other benefits from the Defendant. If the Plaintiffs win at trial, notice will be provided about how and when to make your individual claim for money or other benefits and what your other options are at that time.  You can register on the Registration Page of this website to be kept informed of any future settlement or judgment in this case.

If the Defendant wins at trial, you will not be able to make an individual claim for money or other benefits. Important information about the case will be posted on this website as it becomes available.

18. Where Can I Get More Information?

Answer:

The Long Form Notice summarizes the litigation.  You can get more information about the litigation on this website, by calling the toll-free number listed on the Contact Us tab, or by writing to Transpacific Air Litigation, P.O. Box 2209, Faribault, MN 55021-1609.

You can also get copies of the official Court file by accessing the Court docket in this case:

  • 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.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THE LAWSUIT.

Disclaimer

Please do not contact either the Defendants or Co-Conspirators or the Court with questions about the Settlements. Any and all callers will be directed to this website. If you have questions, please refer to the Commonly Asked Questions and the other information posted here or contact the Settlement Administrator by writing to Transpacific Air Settlement, PO Box 2209, Faribault MN 55021-1609 USA.


This site is not operated by the Defendants or Co-Conspirators. The class actions are supervised by the Court and are administered by an administration firm that handles all aspects of claims processing. The Defendants or Co-Conspirators are not authorized to respond to questions from members of the Settlement Classes regarding the Settlements.

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