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- Newsgroups: misc.consumers
- Path: sparky!uunet!walter!thelonious!venky
- From: venky@thelonious.bellcore.com (G A Venkatesh)
- Subject: Re: Airline Antitrust Litigation
- Message-ID: <1992Jul24.182412.8339@walter.bellcore.com>
- Keywords: airlines antitrust litigation refund
- Sender: news@walter.bellcore.com
- Nntp-Posting-Host: thelonious
- Reply-To: venky@thelonious.bellcore.com (G A Venkatesh)
- Organization: Bellcore, Morristown NJ
- References: <1992Jul23.041215.117@pasteur.Berkeley.EDU> <Jul23.144503.50695@yuma.ACNS.ColoState.EDU> <BruM1H.JJr@news.cso.uiuc.edu> <1992Jul24.003250.2439@pasteur.Berkeley.EDU>
- Distribution: usa
- Date: Fri, 24 Jul 92 18:24:12 GMT
- Lines: 86
-
- In article <1992Jul24.003250.2439@pasteur.Berkeley.EDU> tjoa@cory.Berkeley.EDU (Richard Tjoa) writes:
- >>
- >>I hope I can do the same thru my travel agent. What carriers and destinations
- >>are in this thing.
- >
- >Could you imagine the millions of people who are eligible? Yow! Carriers:
- >Most of the major, non-bankrupt scheduled carriers. (I think it also had
- >something to do with the computer reservation systems that they owned, so
- >it would be United and American, at the very least. Continental, TWA and
- >the REALLY bankrupt carriers are out of the question, so forget them...)
- >
- >If anyone hears from "the Committee", I'm sure we'd like to konw what they
- >said.
-
- I don't know what this committee is but yesterday I received an
- unsolicited legal notice in the mail apparently from the US district court in
- Atlanta. The more I read through it the more I am convinced that it is the
- best sales gimmick the airlines could ever have asked for. No, I am not crazy
- but read on.
-
- The notice is for a class action suit against American, Continental, Delta,
- Midway, Northwest, PANAM, TWA, United and USAir and the proposed settlements.
- The class consists of people that purchased a ticket from any of these
- airlines between Jan 1, 1988 and Jun 30, 1992 in and/or out of 34 listed
- airports (all hubs and a few major ones).
-
- The settlement is for a total of $458 million. But the catch? It is $408
- million in certificates and $50 million in cash. The cash goes to the lawyers
- and the court. The certificates will be divided amongst the people that
- send in an attached claims form. The certificates may be upto $25/certificate.
- The certificats savings are not significant.
- For example, you can get $10 off at least $50 R/T fare, $25 off at least
- $250 R/T fare, $50 off at least $500 R/T fare, etc. (off any published fares
- but not to be combined with any other certificates or coupons).
-
- The certificates will be divided amongst 3 classes of claimants. There are
- three corresponding forms. The first form is for people that have made less
- than 5 purchases in that period. They will get upto a *maximum* of $100 in
- certificates. No proof is required. They will just have to sign under penalty
- of perjury that they bought at least one ticket.
-
- The second form is for people that bought at least 5 tickets in that period.
- Again no proof is required. They just have to give the *number* of flights
- for each of the listed airports and sign. These people will be assumed to have
- spent $2500 towards their purchase.
-
- The third form is for people that have spent more than $2500. They must break
- down the claimed purchase prices into several time periods and give a
- *description* of the proof of purchase on which they base their claim. They
- should be ready to be audited for such proof.
-
- The airlines wouldn't care about the proofs since the total pay-off is
- fixed.
-
- The certificate amount is divided into two funds of $268,984,000 and
- $127,516,000. Everyone who claims gets a per-capita share from the
- former fund. So to get the $100 maximum less than 268,984 people would have
- to make a claim. The other fund will be used to pay the people filling the
- last two forms on a pro-rated basis.
-
- In return, the settlement is for "all claims against the Settling Defendants
- that members of the class have alleged or could have alleged in the lawsuit or
- that arise out of any alleged act in furtherance of the alleged antitrust
- conspiracy, including any claims for damages resulting from alleged
- overcharges with respect to ticket purchased *at any time in the past*".
- Of course, the airlines will not admit to any wrong-doing.
-
- ________________
-
- What this translates to for the airlines. A promotional campaign for
- distributing coupons (not unlike the ones you get in junk mail for various
- products) to encourage air travel. Each airline will distribute *its share* of
- the $408 million in coupons and pay *its share* of the $50 million cash for
- "marketing the promotion". Perhaps the airlines should have hired its own
- lawyers to sue them and settle this way as a new marketing gimmick. Perhaps
- they did.
-
- The Counsel for the Class makes a ton of money. People get their coupons.
- Some will use them and many won't. Some might even be induced to travel to
- use the coupons. The airlines will get a release from all claims from people
- that didn't explicitly exclude them from the class (what this means for
- claims or action in the future, I am not sure).
-
- It is a cozy world.
-
- venky
-