Class Action Lawsuits and the Travel Industry
- Author: Chris Remington
- Posted: 2024-08-13
Many people don't research class action lawsuits because they think there's too much research involved, or they'll never get a settlement for damages caused by another party. Since the pandemic, the travel industry has seen a considerable increase in the number of class action lawsuits, especially involving airlines and cruise lines. Here's what travelers should know.
Why Travelers Are Joining Class Action Suits
The global Covid pandemic has caused major airlines to cancel thousands of flights and passengers on cruise ships to remain confined to their cabins. Some travelers have received compensation, but many haven't and are filing class action suits. Legal experts are advising travelers to stay up to date on cases being filed against the travel industry since they may receive a refund.
Lawsuits Against Airlines
Class-action lawsuits have been filed against several major airlines. Lawyers representing the plaintiffs state that the airlines violated laws when they refused refunds to passengers for unacceptable canceled or altered flights. The suit states that the airlines breached company contracts by only offering passengers vouchers or credits for future flights, and they intentionally denied refunds to passengers. The Department of Transportation stepped in and declared refunds only applied to cancellations relating to the pandemic.
Why Cruise Line Lawsuits Are More Complicated
Class action lawsuits involving cruise lines differ from airline cases. Individuals have filed suits filed against several of the top cruise lines. The plaintiffs want damages for being confined to their cabins when the covid outbreak hit on several cruise ships on the grounds of loss of civil liberties, negligence, and emotional distress. Others are seeking damages due to the death of a loved one on a cruise. The cases are more complicated than those filed against airlines. Due to an arbitration clause, cruise lines and several other travel industry segments, such as booking sites, are exempt from class action suits. However, an individual may file a lawsuit against a cruise line for damages.
How Lawsuits Against the Travel Industry Proceed
A class representative or lead plaintiff files a lawsuit on behalf of the plaintiffs. Before lawyers contact the affected travelers, the court certifies that a case is a class action by class certification proceedings or by a settlement. In one case, an airline refused to issue a refund to a lead plaintiff for a ticket that cost more than $1,000. Plaintiffs in many of these cases file lawsuits to recover what their travel costs amounted to. The lead plaintiff or plaintiffs receive a service award for their efforts to win the case on behalf of the group.
Who Can Join A Class Action Suit Against An Airline?
If a traveler is denied a refund for a flight that was canceled or drastically changed during the pandemic, they can join a class-action lawsuit. If a traveler canceled a flight during the pandemic, they don't qualify for a refund. The court must certify the case. The lawyers request that the airlines identify all passengers on the flight. The attorneys contact all the passengers, advise them of their rights, and offer the choice to participate or decline.
Passengers who wish to participate can be named as lead plaintiffs. They may choose to share the details of their case with the court, representing others that had similar experiences. Participants aren't required to take any further action. Individuals don't have to file paperwork or compile documents stating their case. If you're a participant in a class action lawsuit against an airline, you may not file an individual suit.
How Long Does A Class Action Suit Take
In some cases, the airlines may want to resolve the disputes quickly to avoid significant damage. However, each case is different. The amount a traveler could receive depends on the settlement. Airlines all respond differently to the case. Several refuse to comment on ongoing cases. One major airline stated it's their policy to refund passengers the full cost of their ticket if they cancel flights for any reason.
Finding Information About Airline Lawsuits
Anyone that's been affected by a canceled flight and hasn't been issued a refund by the airline can check the status online. Information about cases filed against airlines on behalf of passengers is public record. The information is available through the district courts, where the lawsuits are filed.
Class action lawsuits are worth checking into. You can set up notifications to your email about current cases. Keep all receipts and copies of airline tickets and travel expenses. Not only can you be reimbursed for your costs, but companies can be held accountable for their negligence.
