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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 once all appeals are resolved. The cash and coupons will be distributed pro rata, based on total qualifying purchases in dollars to Class Members who submitted claims on a timely basis.

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

Answer:

The deadline to file a claim has passed. All claims had to be filed online or postmarked no later than December 31, 2013.

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.

Do I need to submit proof of purchases?

Answer:

You were not required to provide proof of purchases at the time of filing a Claim. However you may be asked for it in the future.

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

Answer:

The Claim Form should have been 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.

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

Answer:

No, tickets purchased with Frequent Flyer and/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. However, you may be asked to privde 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.

Were 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:

Two appeals from the Court's orders granting the judgment of final approval and attorneys' fees and costs were taken to the U.S. Court of Appeals for the Ninth Circuit.They are currently pending. The appellate process may take months or even years until the appeals are resolved. While the appeals are pending, the Settlement is not final and Settlement funds and coupons for future travel cannot be distributed to claimants.

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 submitted claims on a timely bases. At this time, we do not know the amount you will receive.

How do I exclude myself from the Class?

Answer:

The deadline to exclude yourself has passed. All exclusion letters had to be postmarked no later than October 25, 2013.

Can I object to or comment on the Settlement?

Answer:

The deadline to comment on or object to the Settlement has now passed. All objections had to be filed with the Court no later than October 25, 2013.

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

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

Answer:

The Settlement with Korean Air received final approval from the Court at a hearing held on December 2, 2013. The Court previously approved the prior Settlement with Asiana Airlines in July, 2011. Two appeals from the Court's orders granting the judgment of final approval and attorneys' fees and costs were taken to the U.S. Court of Appeals for the Ninth Circuit. They are currently pending. The appellate process may take months or even years until the appeals are resolved. While the appeals are pending the Settlement is not final and Settlement funds and coupons for future travel cannot be distributed to claimants.

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.

In addition, if you have any questions about the lawsuit or the 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 class action Settlement with Korean Air Lines involving an alleged conspiracy by Korean Air Lines Co., Ltd. and Asiana Airlines, Inc. to fix prices for air passenger travel between the U.S. and the Republic of Korean received final approval from the Court at a hearing held on December 2, 2013. The Court previously approved the prior Settlement with Asiana Airlines in July, 2011. Two appeals from the Court's orders granting the judgment of final approval and attorneys' fees and costs were taken to the U.S. Court of Appeals for the Ninth Circuit. They are currently pending, with briefing beginning in July, 2014. The appeallate process may take months or even years until the appeals are resolved. While the appeals are pending, the Settlement is not final and Settlement funds and coupons for future travel cannot be distributed to claimants.

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

Answer:

Yes, checks and coupons for future travel will 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:

It is possible that they will be able to provide this information. If you are required to provide proof at a later date, you will need to reach out to them.

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. All appeals must be resolved before the award calculation and distribution of Settlement funds and coupons for future travel can begin.

Am I allowed to contact Korean and/or Asiana to obtain proof of purchase?

Answer:

It is possible that they will be able to provide this information. If you are required to provide proof at a later date, you will need to reach out to them. Korean Air and Asiana Airlines are not required to assist you with providing proof of your purchases.

Where did you get my information?

Answer:

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

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 claim 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.

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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