WestJet Airlines has settled a class action lawsuit for $12.5 million concerning improper baggage fees, marking a significant moment for transparency and consumer rights within the airline industry. This settlement was approved by the Supreme Court of British Columbia and addresses allegations from travellers who were charged fees for their first checked bags against the company's stated tariff policies.
The lawsuit originates from consumer grievances related to baggage fees charged between 2014 and 2019. Many passengers felt they were unjustly charged, leading them to seek accountability from WestJet for what they claimed were misleading practices contrary to the airline's advertised policies. The case emphasizes the necessity for airlines to adhere to their stated tariffs and provide consumers with clear information on fees.
On June 11, 2024, the Evolink Law Group publicly announced the proposed settlement against WestJet, which the Supreme Court of British Columbia formally approved later, cementing the decision and the amount to be distributed among affected customers.
While WestJet did not admit liability as part of the agreement, it accepted the resolution of claims made by travellers who paid fees inconsistent with its stated policy. The class action lawsuit aimed not only at financial restitution but also at promoting greater corporate accountability within the airline sector.
The $12.5 million settlement will directly benefit those who incurred unwarranted fees for first checked bags. The funds are set to be distributed only after deducting legal fees, administrative costs, and other reasonable expenses. Eligible travellers include those who booked flights directly with WestJet during the stipulated period, covering both domestic and international routes.
For Canadian domestic flights, eligibility extends to those who paid fees for their first checked bag on journeys between October 29, 2014, and July 29, 2017. Internationally, the range includes those who paid for first checked bags on flights booked from January 6, 2016, to February 27, 2019. Notably, individuals who booked flights during these times under policies claiming the first checked bag was free are also eligible.
The compensation structure has been outlined clearly to avoid ambiguity among claimants. After necessary deductions, the remaining funds will be shared among class members on a pro-rata basis, meaning the eventual payouts will depend on the number of eligible claims submitted. WestJet anticipates the claims rate to be about 5%. Therefore, individuals might receive between $10 to $20 per claim.
Travel credits will be the main form of compensation. These credits are valid for 24 months and can be utilized for purchasing future flight tickets on WestJet. Travelers who embarked on journeys after July 6, 2017, may expect to receive up to $45 per claim, whereas those who travelled prior to this date might see compensation of up to $18.
It's important to highlight the expiration condition of these credits. If not redeemed within the specified two-year window, these credits will be forfeited. While the credits are non-transferable, they can still be used to book flights for another passenger.
The claims process officially commenced on November 11, 2024, and will be open until February 10, 2025. Eligible travellers have multiple avenues available to file their claims. If notified via email from the Claims Administrator, individuals can use the Unique ID and PIN provided to submit their claim online. Alternatively, an electronic claim form is available on the official settlement website for submission, where proof of class membership must be included. For those preferring traditional methods, paper claim forms can be downloaded, filled out, and mailed to the designated WestJet Settlement Administrator.
Each class member is eligible to submit claims for up to three checked bags, facilitating fairness in the distribution of settlement proceeds. Any discrepancies between public announcements and the official settlement agreement will be resolved by adhering to the settlement agreement's stipulations.
This pivotal settlement not only grants financial relief to affected consumers but also sets the stage for heightened scrutiny on baggage fee practices across the airline industry, addressing longstanding concerns about transparency and consumer rights.
