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Frequently Asked Questions

Why is this a class action? 

Answer:

In a class action, one or more people called "Class Representatives" sue on behalf of people who have similar claims. The people together are a "Class" or "Class Members".

Why is there a Settlement?

Answer:

A settlement allows both parties to avoid the cost and risk of a trial and allows them to establish a just, fair and final resolution that is best for all involved. The lawyers representing the Class, ("Class Counsel") and Korean Air have engaged in extensive negotiations regarding the issues presented in the lawsuit and the possible terms of a settlement. Korean Air wants to settle the claims in this lawsuit and Class Counsel believe the Settlement is fair, reasonable, adequate and in the best interest of the Class.

Who is a Class Member?

Answer:

You are included as a Class Member if you bought at least one ticket for air passenger travel on Asiana Airlines or Korean Air Lines. The purchase must have been:

  • Made in the United States;
  • For a flight originating in the United States and ending in Korea or a flight originating in Korea and ending in the United States; and
  • Made between January 1, 2000 and August 1, 2007 (the "Class Period")

Both businesses (including travel agents) and individuals may be Class Members.

There are a number of people who are not included in the Class. These people include:

  • The Defendants and their predecessors, subsidiaries, and affiliates and;
  • All Government entities

Does this case only include Korean Air Lines or does it include Asiana Airlines as well?

Answer:

There are two defendants that have settled in this case. Asiana Airlines settled in 2011 and Korean Air has now settled as well. The Claim Form available is to file claims for Qualifying Tickets on both Korean Air and Asiana Airlines during the Class Period.

How do I know if I am included in the Settlement?

Answer:

If you meet the Class Member definition, unless you exclude yourself, you are a member of the Class and will be included in the Settlement.

What does the Settlement provide?

Answer:

Korean Air will pay a total of $65,000,000 for the benefit of the Class. Korean Air is providing $39,000,000 in cash and $26,000,000 in coupons for future travel. Asiana has paid a total of $21,000,000 for the benefit of the Class. Asiana provided $11,000,000 in cash and $10,000,000 in coupons for future travel. The cash, net of attorneys' fees and expenses allowed by the Court, and coupons will be made available to Class Members at the conclusion of this lawsuit. The cash and coupons will be distributed pro rata, based on total qualifying purchases in dollars to Class Members who submit claims on a timely basis.

How do I submit a claim for payment from the Settlement?

Answer:

You may file a claim directly online by clicking on the File A Claim link to the left. Claims must be filed no later than December 31, 2013. You may also download and print a copy of the Claim Form and mail it in. You should keep all documentation you currently have in your possession (e.g. receipts, credit card statements showing purchases, used travel tickets or printouts of itineraries) about air passenger travel between January 1, 2000 and August 1, 2007 on Asiana and Korean Air Lines for your use in filing a claim. Please provide the number of Qualifying Tickets to the best of your ability. You are not required to provide proof of purchases at the time of filing, however you may be asked for it in the future. It is not necessary to contact Korean Air or Asiana Airlines directly for proof of purchase information. If proof is required at a later date, you will receive notification from the Settlement Administrator which will outline what is needed. If anything additional is needed, the Settlement Administrator will contact you directly.

If you exclude yourself from the Class, you will not be eligible to file a claim.

How do I know if I purchased a Qualifying Ticket?

Answer:

Tickets that were purchased in the United States for air passenger travel on Asiana Airlines or Korean Air Lines between January 1, 2000 and August 1, 2007 for flights originating in the United States and ending in Korea or flights originating in Korea and ending in the United States are considered Qualifying Tickets.

What is the Definition of a Purchaser?

Answer:

A purchaser is defined by who was ultimately harmed by the alleged price fixing scheme. That is, anyone who paid out-of-pocket for the ticket. The person who pays for a ticket is the purchaser.

If my flight was from the U.S. to another Asian destination, such as China, but went through Korea before reaching its final destination, is that a Qualifying Ticket?

Answer:

No.  Only tickets originating in the U.S. and whose final destination was Korea or flights originating in Korea with the final destination in the U.S. qualify.

If I purchased a ticket from United, Delta or Northwest Airlines to travel to Korea, but was routed on an Asiana flight through a code share arrangement with one of them would that be considered a Qualifying Ticket?

Answer:

No, those flights/purchases are not considered Qualifying Tickets. In those situations, the price of the ticket is set by United, Delta or Northwest Airlines and payment is made to one of them. This case involves purchases with Korean Air and Asiana Airlines only.

Can claims be filed by travel agents?

Answer:

Travel agents cannot file claims for tickets that were purchased for clients. However, travel agents are eligible to file claims for Qualifying Tickets that were purchased either for personal or employee use.

Do I need to submit proof of purchases with my Claim Form?

Answer:

No. You are not required to provide proof of purchases at the time of filing, however, you may be asked for it in the future. It is not necessary to contact Korean Air or Asiana Airlines directly for proof or purchase information. If proof is required at a later date, you will receive notification from the Settlement Administrator which will outline what is needed. If anything additional is needed, the Settlement Administrator will contact you directly.

If I was the actual passenger but the ticket was purchased by someone else, who should fill out the Claim Form?

Answer:

The Claim Form should be filled out with the name and information of the person who paid for the ticket, as they were the ones affected by the alleged allegations against Korean Air/Asiana.  If an individual purchased a ticket for a second individual, the first individual is the Class Member.  Proof may be required later, but is not being requested at this time.

Are tickets purchased with Frequent Flyer and/or Credit Card miles considered part of this Settlement?

Answer:

No, tickets purchased with Frequent Flyer or Credit Card miles are not part of this case.

Is it guaranteed that I will be compensated if I am unable to provide proof of purchase later?

Answer:

At this time, we are not requesting proof of purchases be provided with claims. However, you may be asked to provide proof in the future. If in the future we request proof from you and you are unable to provide it, your claim may be denied.

Are tickets purchased from websites that are based in the United States considered Qualifying Tickets?

Answer:

Yes, tickets purchased from websites that are based and operated in the United States are part of the case.

When will I get my benefits?

Answer:

Payments will be distributed after the Court grants final approval of the Korean Air settlement and after any appeals are resolved. The deadline to file claims is December 31, 2013. We do not know how much time it could take to resolve any appeals that may be filed. In order to receive payment you must file a valid and timely claim.

How much money will I be getting?

Answer:

The cash and coupons for future air travel on each airline will be distributed pro rata, based on total qualifying purchases in dollars, to Class Members who submit claims on a timely basis. At this time, we do not know the amount you will receive.

What happens if I do nothing?

Answer:

If you do nothing or do not exclude yourself, you will remain a member of the Class and you will be legally bound by the Settlement if it is approved, even if you do not submit a Claim Form. However, you will not receive any benefits of the Settlement if you do not file a Claim Form.

If the Settlement is approved, the claims against Korean Air will be completely released and you will never be able to sue Korean Air concerning the claims in this lawsuit. In order to receive any part of the Settlement Fund, you will have to submit a Claim Form.

If I remain in the Class, what claims am I specifically giving up?

Answer:

In short, if you remain in the Class, you cannot ever sue Korean Air for anything related to the claims made in this lawsuit.

What do I do if I don't want to be in the Class?

Answer:

If you do not want to be in the Class and you want to keep the right to sue Korean Air about the same claims on your own, you must take steps to get out of the Class. This is called excluding yourself. By excluding yourself, you keep the right to file your own lawsuit at your own expense.

If you exclude yourself from the Class, you will not be able to receive a payment from the Settlement, and you cannot object to the Settlement.

How do I exclude myself from the Class?

Answer:

If you wish to be excluded from the Class, you must send a letter that includes all of the following:
 

  1. Your name, address, and telephone number;
  2. All trade names or business names and addresses used by you or your business;
  3. That you want to be excluded;
  4. The date(s) and price(s) of all tickets you purchased in the United States for air passenger travel originating in the United States and ending in Korea or for air passenger travel originating in Korea and ending in the United States made by you during the Class Period, if you have that information; and
  5. Your signature.

All exclusion letters must be mailed first class, postmarked on or before October 25, 2013, to:

Korean Air Passenger Antitrust Litigation
P.O. Box 2436
Faribault, MN 55021

You cannot exclude yourself by calling or sending an email.

Can I object or comment on the Settlement?

Answer:

Yes.  If you disagree with any part of the Settlement you may object to the Settlement through a written response that must be filed with the Court and served on the Settling Parties.  You may also comment on the Settlement.  Your written response must include:  

  1. Your complete name and residence or business address;
  2. A statement signed under penalty of perjury, that you purchased in the United States a ticket for air passenger travel originating in the United States and ending in Korea or for air passenger travel originating in Korea and ending in the United States on Korean Air Lines or Asiana Airlines between January 1, 2000 and August 1, 2007; and
  3. Each reason or basis for comment or objection and any supporting papers you want the Court to consider.

The objection must be filed with the Court no later than October 25, 2013, at the following address:
 

Clerk of Court
U.S. District Court, Central District of California
312 North Spring Street
Los Angeles, CA 90012

The objection should include the name and number of the case (In Re Korean Air Lines Co., Ltd. Antitrust Litigation, MDL No. 07-01891, Master File No. CV 07-05107 SJO (AGRx)).

You should review the Court’s rules regarding filing to ensure your document is properly filed.  They are available on www.cacd.uscourts.gov. Copies of the response and any supporting documents must also be mailed to each of the following addresses, and be postmarked no later than October 25, 2013.

Susan G. Kupfer
Glancy Binkow & Goldberg LLP
One Embarcadero Center, Suite 760
San Francisco, CA  94111

Jeff S. Westerman
Westerman Law Group
1925 Century Park East, Suite 2100
Los Angeles, CA 90067

Marc M. Seltzer
Susman Godfrey L.L.P.
1901 Avenue Of The Stars, Suite 950
Los Angeles, CA  90067

Korean Air Passenger Antitrust Litigation
P.O. Box 2436
Faribault, MN 55021

Donald L.  Morrow
Panteha Abdollahi
Paul Hastings LLP
695 Town Center Dr., 17th Floor
Costa Mesa, CA 92626
Counsel for Defendant Korean Air

What is the difference between objecting to the Settlement and excluding myself from the Settlement?

Answer:

You object to the Settlement when you wish to remain a Class Member, but disagree with some aspect of the Settlement. An objection allows your views to be heard. 

In contrast, exclusion means that you are no longer a Class Member. Once excluded, you lose any right to object to any aspect of the Settlement because the Settlement no longer affects you. 

Do I have a laywer representing me in these cases?

Answer:

Yes. The Court has appointed the following persons and law firms to represent you and other Class Members.

Susan G. Kupfer
Glancy Binkow & Goldberg LLP
One Embarcadero Center, Suite 760
San Francisco, CA  94111

Jeff S. Westerman
Westerman Law Group
1925 Century Park East, Suite 2100
Los Angeles, CA 90067

Marc M. Seltzer
Susman Godfrey L.L.P.
1901 Avenue Of The Stars, Suite 950
Los Angeles, CA  90067

Should I get my own lawyer?

Answer:

You may hire your own lawyer, if you wish. However, you will be responsible for that attorney's fees and expenses. If you want your own lawyer to speak for you or appear in Court, you must file a Notice of Intent to Appear.

When and where will the Court decide on whether to grant final approval of the Settlement?

Answer:

The Court will hold a Fairness Hearing on December 2, 2013 at 10:00 a.m. in the courtroom of the Hon. S. James Otero, United States District Judge, in Courtroom 1 of the United States Courthouse, at 312 North Spring Street, Los Angeles, CA 90012. The Court will consider whether the Settlement is fair, reasonable and adequate. At the Fairness Hearing, the Court will decide whether to approve the Settlement and the motion for an award of litigation costs and expenses. If comments or objections have been received, the Court will consider them at that time. The Court may reschedule the Fairness Hearing. Continue to check this site for updates.

Must I attend the Fairness Hearing?

Answer:

No. Class Counsel are prepared to answer the Court's questions on behalf of the Class Members. Attendance is not required, even if you properly mailed an objection or comment. As long as your objection was filed and postmarked by the deadline, the Court will consider it.

May I speak at the Fairness Hearing?

Answer:

Yes.  You may speak at the Fairness Hearing or hire your own lawyer to speak on your behalf.  If you want to do so, you must give the Court a paper that is called a “Notice of Intent to Appear.”  It should include the name and number of the case (In Re Korean Air Lines Co., Ltd. Antitrust Litigation, MDL No. 07-01891, Master File No. CV 07-05107 SJO (AGRx)). 
 

Your request should also state that you wish to appear at the Fairness Hearing.  It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you.  You cannot speak at the Fairness Hearing if you ask to be excluded from the Settlement Class.  Your Notice of Intent to Appear must be filed with the Court no later than October 25, 2013, at the following address:

Clerk of Court
U.S. District Court, Central District of California
312 North Spring Street
Los Angeles, CA 90012
 

Copies of the Notice of Intent to Appear must be mailed to each of the following addresses and must be postmarked no later than October 25, 2013:  
 

Susan G. Kupfer
Glancy Binkow & Goldberg LLP
One Embarcadero Center, Suite 760
San Francisco, CA  94111

Jeff S. Westerman
Westerman Law Group
1925 Century Park East, Suite 2100
Los Angeles, CA 90067

Marc M. Seltzer
Susman Godfrey L.L.P.
1901 Avenue Of The Stars, Suite 950
Los Angeles, CA  90067


Korean Air Passenger Antitrust Litigation
P.O. Box 2436
Faribault, MN 55021

Donald L.  Morrow
Panteha Abdollahi
Paul Hastings LLP
695 Town Center Dr., 17th Floor
Costa Mesa, CA 92626
Counsel for Defendant Korean Air

Where do I get more information?

Answer:

More details are in the Settlement Agreement and other legal documents that have been filed with the Court in this lawsuit and can be viewed by clicking the Court Documents link to the left. You can look at and copy these legal documents at any time during regular office hours at the Office of the Clerk of Court, U.S. District Court for the Central District of California, 312 North Spring Street, Los Angeles, CA 90012. Certain documents, including Class Counsel's motion for final approval of the Settlement and application for an award of costs and expenses and attorneys' fees, will be available by clicking the Court Documents link to the left after they are filed.

In addition, if you have any questions about the lawsuit or the proposed Settlement, you may:

  • Call the Settlement Administrator at: 1-888-261-1921
  • Write to: Korean Air Passenger Antitrust Litigation, P.O. Box 2436, Faribault, MN 55021

What is the current status of the case?

Answer:

The Settlement with Asiana has received final approval by the Judge. There is a proposed Settlement with Korean Air and a hearing for final approval on that Settlement has been scheduled for December 2, 2013 at 10:00 a.m.

When can I expect to receive the Notice/Claim Form I requested?

Answer:

If you would like a Claim Form mailed to you, please allow 2-3 weeks for it to arrive.  Please note, claims can be filed online by clicking on the "File a Claim" link on the left navigation bar. Claim Forms can also be printed on the "Print a Claim Form" link on the left navigation bar and mailed to us.

Do I need to file one Claim Form for my entire family or one Claim Form for each family member?

Answer:

Claim Forms should be filed per purchaser.  So, if tickets for a family were made by the same purchaser, one Claim Form may be filed.  If there is more than one purchaser, separate Claim Forms should be filed for each purchaser.  If an individual purchased a ticket for a second individual, the first individual is the Class Member.

Can Claim Forms be mailed to other countries?

Answer:

Yes, Claim Forms can be mailed to other countries.

Will checks and coupons for future travel be mailed to other countries?

Answer:

Yes, checks and coupons for future travel can be mailed to other countries.

What does pro rata mean?

Answer:

Pro rata is a calculation method used to determine distributable amounts.  A pro rata calculation divides the total amount to be distributed in a settlement by the total qualifying purchases made by the Class.  This number is your pro rata percentage.  Your check amount is determined by multiplying the pro rata percentage by your qualifying purchases.

Will the travel agency, Korean Air or Asiana Airlines be able to provide all proof of purchases if and when they are needed for my claim?

Answer:

If proof is required at a later date, you will receive notification from the Settlement Administrator which will outline what is needed. If you purchased your ticket from a travel agency, it is possible that the travel agency may be able to provide you with proof of purchase information. You will need to independently contact them. However, it is not necessary to contact them until proof is requested from you, if at all. It is not necessary to contact Korean Air or Asiana Airlines directly for proof of purchase information. If you are a Skypass member, please note you may be able to obtain information about your flight history online by logging into your Skypass account online. If you have additional questions about proof of purchases, please contact the Settlement Administrator.

How long will it take to know how much money I will be receiving and when will I be receiving payment?

Answer:

It is unknown at this time.  It is anticipated for 2014 assuming no appeals.

Will I be disqualified or penalized if I submit a Claim with an incorrect number of tickets?

Answer:

When submitting your Claim Form, provide the number of Qualifying Purchases to the best of your ability.

Does Korean Air and/or Asiana Airlines have my flight information/proof of purchase?

Answer:

You are not required to provide proof of purchases at the time of filing, however, you may be asked for it in the future. It is not necessary to contact Korean Air or Asiana Airlines directly for proof of purchase information. If proof is required at a later date, you will receive notification from the Settlement Administrator which will outline what is needed. If anything additional is needed, the Settlement Administrator will contact you directly.

Where did you get my information?

Answer:

As part of the Settlements, the defendants provided a list of potential Class Members obtained through their frequent flier list.

Can purchases from Asiana and Korean Air be included on the same Claim Form? 

Answer:

Yes. Purchases from both Korean Air and Asiana can be submitted on one Claim Form.  

If I file a claim online, will I receive a confirmation number or notification of any sort?

Answer:

Once you have completed and submitted your online claim, a summary page will be available for you to print. This summary page will include your Claimant ID Number at the top. This will serve as confirmation that your claim has been filed.

If I participate in this litigation, will there be any problems using either Korean Air or Asiana Airlines for future travels?

Answer:

No, participating in this Settlement will not cause any problems with future travel on Korean Air or Asiana Airlines.

How can I change my purchase information? I submitted my Claim Form online?

Answer:

Please send an email to info@koreanairpassengercases.com that references your Claim Number, name, address and corrected/amended claim amount.

I submitted two claims forms, can one be deleted?

Answer:

Please send a letter to Korean Air Passenger Antitrust Litigation, P.O. Box 2436, Faribault, MN 55021 and include your name, address and Claim Number for both claims filed. Please indiciate in your letter which claim is correct and the incorrect one will be withdrawn.

My name has changed from the time I purchased the ticket. What name do I use to file my claim? 

Answer:

The Claim Form should be filled out with your current name.  

Who brought on this class action lawsuit?

Answer:

The lawsuit was brought on by the Class Plaintiffs who are represented by Class counsel. The Class Plaintiffs are: Laura Albee, Joon Chung, Jason Lee, Timothy Murphy, Sungshic Park, Yoon Park, Howard Ree, Leon Song and Edward Yoo.

Disclaimer

This website is supervised by counsel and the Court and is controlled by Rust Consulting, the Settlement Administration firm that handles all aspects of notice and claims processing. This is the only authorized website for this litigation. Please do not rely on other sites that set out different and unauthorized information. If you have any questions, please contact the Settlement Administrator.

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