Dusko v. Delta Air Lines, Inc.

A Court has preliminarily established, or “certified,” this case as a class action lawsuit for purposes of settlement. The Long Form Notice (“Notice”), available here, explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement Class Member, you have legal rights and options before the Court decides whether to give Final Approval to the proposed Settlement. The Notice explains all of these things. For the precise terms and conditions of the Settlement, please review the Settlement Agreement, available here.

The Court in charge of this case is the United States District Court for the Northern District of Georgia. The lawsuit is known as Dusko v. Delta Air Lines, Inc., No. 1:20-cv-01664-ELR.

The lawsuit alleges that Delta breached its contracts of carriage with ticketholders by refusing requests for refunds and instead providing credits for future travel on the airline for flights Delta cancelled in the wake of the COVID-19 pandemic. Delta denies all allegations and has agreed to settle this lawsuit to avoid further litigation. The Court has not decided who is right.

In a class action lawsuit, one or more person(s) called the named plaintiff sues on behalf of other persons and entities that have similar claims. The people and entities together are a “Settlement Class.” In this lawsuit, the person who sued is called the “Named Plaintiff” or the “Class Representative,” which is Plaintiff Angela Dusko. The company being sued, Delta Air Lines, Inc. (“Delta”), is called the “Defendant.” One court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves (opt out) from the Settlement Class.

The Court has not decided in favor of the Class Representative or Delta. Instead, both sides agreed to a Settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and Settlement Class Members who submit a timely and valid Claim Form will get Settlement Benefits. The Class Representative and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.

You are a Settlement Class Member if you are a ticketholder who is a citizen of the United States who received a credit for a non-refundable ticket purchased with dollars on a flight scheduled to depart between March 1, 2020, and April 30, 2021, (a) that Delta cancelled; (b) who requested a refund for the ticket as reflected in Delta’s Customer Care or Refund Databases; (c) who did not receive a refund; and (d) who had an Unused Credit or Partial Unused Credit as of January 13, 2023.

Specifically excluded from the Settlement Class are the following: Delta and its respective subsidiaries and affiliates, members, employees, officers, directors, agents, and representatives and their family members; Class Counsel; the judges who have presided over the Action and their immediate family members; local, municipal, state, and federal governmental agencies; and all persons who have timely opted out from the Settlement Class in accordance with the Court’s orders.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free telephone number at 1-888-814-6501 (Toll-Free) or contact the Settlement Administrator at info@AirlineTicketSettlement.com.

Delta will provide Settlement Benefits to eligible Settlement Class Members who file a timely and valid Claim Form with a Cash Settlement Payment (Ticket Cash and Interest Cash) or a Credit Settlement Payment (Ticket Credit and Interest Credit). Delta will also pay for all Settlement Administration Costs, attorneys’ fees and costs, and any Service Award, which are all separate and apart from the Cash Settlement Payments and Credit Settlement Payments to Settlement Class Members.

Settlement Class Members who submit a timely and valid Claim Form will have the following Settlement Benefit options for each eligible ticket. You may request a Cash Settlement Payment or Credit Settlement Payment for each eligible ticket. A Cash Settlement Payment includes Ticket Cash and Interest Cash. A Credit Settlement Payment includes keeping the Ticket Credit and receiving an Interest Credit.

1. Cash Settlement Payment:

You may receive a cash payment if you select the Ticket Cash and Interest Cash option for both an Unused Credit or Partial Unused Credit.

Ticket Cash: This is a cash refund of the remaining Unused Credit and/or Partial Unused Credit. The amount of the cash refund will be the remaining Unused Credit amount and/or Partial Unused Credit amount as of September 15, 2023.

If you select the Ticket Cash option, your Unused Credits and/or Partial Unused Credits will be frozen by Delta within 14 days after September 15, 2023. If you no longer have any Unused Credit and/or Partial Unused Credit as of September 15, 2023, you will only be eligible to receive Interest Cash, not Ticket Cash.

2. Credit Settlement Payment:

You may receive a credit if you submit a timely and valid Claim Form, and you select the Ticket Credit and Interest Credit option for both an Unused Credit or Partial Unused Credit.

Ticket Cash: This is the amount of the Unused Credit and/or Partial Unused Credit which you will keep as a credit, which must be used by December 31, 2023, for travel no later than December 31, 2024.

Interest Credit: If you select to maintain your Ticket Credit, you will receive an Interest Credit in a credit in an amount equal to 7% of the original ticket amount for both Unused Credits and Partial Unused Credits, valid for one year from issuance.

NOTE: If the Effective Date of the Settlement does not occur, that deadline will not be extended unless in the future Delta extends its current policy with respect to the expiration of credits.

Multiple Credits

If you have more than one eligible Unused Credit and/or Partial Unused Credit, you can select a Cash Settlement Payment or Credit Settlement Payment for each credit.

Please note: If you are a member of the Settlement Class and you do not file a Claim Form by the deadline, you can still redeem any Unused Credit or Partial Unused Credit pursuant to Delta’s policy, which allows you until December 31, 2023, to book travel through December 31, 2024. However, if you do not file a Claim Form by the deadline, you are not entitled to Interest Cash or Interest Credit.

Per the terms of the Settlement, if any funds remain after all Cash Settlement Payments are made from uncashed or undeliverable checks or electronic payments not successfully delivered to Settlement Class Members, the remaining funds will be donated to a recipient(s) approved by the Court.

The Court issued its Final Approval Order on October 5, 2023. The Settlement Administrator is reviewing Claim Forms to determine eligibility for Settlement Benefits and will then work with Delta to issue the Settlement Benefits. Please be patient.

The Court issued its Final Approval Order on October 5, 2023, however appeals may be filed and take up to a year to resolve. No settlement benefits can be disbursed to Class Members until all appeals are resolved, please try to be patient.

Unless you exclude yourself (“opt out”) from the Settlement Class by timely submitting an opt-out request, you will remain in the Settlement Class, and that means you cannot sue, continue to sue, or be part of any other lawsuit against Delta about the legal issues in this case, including the Releases that are defined and described in legal terms in Section XI of the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you.

The Court has appointed attorneys from the law firms of Kopelowitz Ostrow P.A.; Pearson Warshaw, LLP; Tycko & Zavareei, LLP; and Barnes Law Group, LLC to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

You may contact Class Counsel if you have any questions about the Notice or the Settlement. Please do not contact the Court.

KOPELOWITZ OSTROW P.A. Jeff Ostrow 1 West Las Olas Blvd. Suite 500 Fort Lauderdale, FL 33301  1-954-525-4100  ostrow@kolawyers.com	PEARSON WARSHAW, LLP Melissa S. Weiner 328 Barry Ave S. Suite 200 Wayzata, MN 55391  1-612-389-0600  mweiner@pwfirm.com
TYCKO & ZAVAREEI, LLP Annick M. Persinger, Esq. 1970 Broadway Suite 1070 Oakland, CA 94612  1-510-254-6808  apersinger@tzlegal.com	BARNES LAW GROUP, LLC Roy E. Barnes, Esq. 31 Atlanta Street Marietta, GA 30060  1-770-227-6375  roy@barneslawgroup.com

Class Counsel will ask the Court for an award of attorneys’ fees of $2,285,000 and costs of $80,000. Attorneys’ fees and costs approved by the Court will be paid by Delta, separate from the Settlement Benefits available to Settlement Class Members. Class Counsel may also ask the Court for a Service Award of up to $3,000 for the Plaintiff. The purpose of the Service Award is to compensate the Plaintiff for serving as Class Representative. Any Service Award payment to the Plaintiff will be paid by Delta, separate from the Settlement Benefits available to Settlement Class Members. The Court may deny or award less than these amounts. Class Counsel’s Motion for Attorneys’ Fees and Costs and Service Award for the Class Representative will be available on the Court Documents tab of this website once it has been filed.

The deadline to exclude yourself (opt-out) from the Settlement was August 31, 2023. If you did not submit a timely, written request to exclude yourself, you are a Settlement Class Member and have lost the opportunity to exclude yourself for the Settlement.

No. If you opt out of the Settlement, you cannot receive a Settlement Benefit. However, you may sue, continue to sue, or be part of a different lawsuit against Delta.

The deadline to object to the Settlement was August 31, 2023. The deadline has passed, and the Court has granted Final Approval to the Settlement.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (opting out) is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the case.

The Court held a Final Approval Hearing at the United States District Court for the Northern District of Georgia, Richard B. Russell Federal Building and United States Courthouse, 75 Ted Turner Drive SW, Atlanta, GA 30303-3309, in Courtroom 1708.

No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend the hearing at your own expense if you file an objection and your notice of intention to appear. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you postmarked, shipped, or filed your written objection by the deadline, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.

The Final Approval Hearing has already occurred.

If you are a Settlement Class Member as described in FAQ 5 above and do nothing, you will be part of the Settlement Class, and you will only get a Settlement Benefit if you submit a timely and valid Claim Form for one or more of your eligible tickets. Unless you opt out of the Settlement, you will not be permitted to continue to assert claims about the issues in this case or subject to the Release in any other lawsuit against Delta ever again.

These FAQs and The Notice summarize the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here, or by contacting Class Counsel (see contact information in FAQ 12 above).

You can contact the Settlement Administrator by calling toll-free 1-888-814-6501, or writing to Dusko v. Delta Air Lines Settlement Administrator, P.O. Box 2240, Portland, OR 97208-2240, or you may contact Class Counsel (see contact information in FAQ 12 above).

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about the EpiqPay email you received, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions, Inc. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay, and case-specific information about the payment notification you may have recently received is available on this website.

According to our records, you are a class member eligible to receive a settlement payment in Dusko v Delta Air Lines, and you filed a claim wherein you elected to receive your payment digitally. You are being sent your payment digitally based on a selection you made when submitting your claim.

Pursuant to the terms of the settlement negotiated by the parties in Dusko v Delta Air Lines, Epiq is required to distribute payments digitally to eligible class members. Your payment was required to be sent to you automatically and did not require any action on your part. The emails you may have received from noreply@Epiqpay.com provide you the opportunity to claim your settlement award quickly and securely.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using your card.

Emails regarding digital payments for this matter commenced on February 26, 2024, and digital payments will be available to claim through April 26, 2024. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

If you received an email from rewards@tremendous.com, this email is legitimate. You received this email as you selected a payment option that uses Tremendous, one of our third-party payment partners, to process your payment and notify you of your payment status.

The digital payment options presented to you when you click ‘Claim Payment’ in your EpiqPay email are the only options available to you under this settlement. If none of the options presented to you on the selection screen are of interest to you, a paper check option may be available for this settlement. Please note that the paper check reissue process can take 4-6 weeks to complete.

After you make your payment selection from the EpiqPay payment wall, within a day or two you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Due to variability in individual user email account security settings, Tremendous emails can sometimes go to junk or SPAM folders. Please search your inbox for emails from rewards@tremendous.com. If you find any follow up emails there, move them to your inbox and/or mark the email as from a ‘trusted sender’, so that future Tremendous emails regarding this settlement do not end up in those folders.

If you have any questions about the timing of the delivery of your EpiqPay payment, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

The contact email for our payment partner, Tremendous, is help@tremendous.com. Please contact them directly if you are experiencing any delivery issues or are having any issues using your payment card. If you already received an email confirming that your payment has been processed, when you contact them reference your ‘Reward ID’, listed above the EpiqPay logo on your post-selection notification email.

If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, but would like to explore a paper check reissue, please let us know.

If you did not claim your payment by the expiry date listed in your EpiqPay emails, the link will expire, and you will no longer be able to claim your payment digitally.

Some EpiqPay payment options require only that you click ‘Redeem’ to process your payment. Once you have clicked ‘Redeem’, you cannot change your election, and any further communications about the selected option will be sent to the same email address to which the EpiqPay payment was sent.

Other EpiqPay payment options, such as PayPal, ACH, or Digital Mastercard, require that you provide one or two pieces of information and submit that information to claim your payment. Once you have ‘clicked’ the ‘Redeem’ button submitting the requested information, you cannot change your election, and any further communications about the selected option will be sent to the same email address to which the EpiqPay payment notifications were sent.

If you have not ‘Redeemed’ your payment or already submitted any additional requested information, you can go back to the payment option tile page and make a different selection.

Once you receive an ACH payment confirmation email from Tremendous, it may be 24-72 hours after the ACH is initiated before funds are available in your selected bank account. If you have not received the funds within 72 after receiving the payment confirmation email from Tremendous, or you have any further concerns on your ACH, you may contact our payment partner, Tremendous, at help@tremendous.com.