IMPORTANT UPDATE: The Court granted final approval of the Settlement on December 1, 2009. However, appeals were filed challenging aspects of the Final Approval Order. Those appeals have now been resolved. Expedia has placed Settlement Credits in the accounts of those automatically eligible to receive them. These Settlement Credits became available for use on June 1, 2010. Expedia Settlement Credit Notice emails were distributed beginning on June 2, 2010. Checks for Class Members who elected to receive and were eligible to receive a Cash Payment were distributed beginning in June, 2010.
Please remember to notify the Claims Administrator, in writing, of all changes to your email and/or mailing address. Address changes cannot be made by telephone.
Overview
A Settlement was made on behalf of a nationwide class of consumers who booked hotel stays through Expedia from January 10, 2001 through June 11, 2008 and paid a "Tax Recovery Charge" and a "Service Fee." The Settlement provided for the distribution to Class Members of $123.4 million in cash payments and Expedia Settlement Credit that can be used for hotel reservations and "package" reservations that include hotel reservations.
Consumers of hotel stays through Expedia ("Plaintiffs") filed a lawsuit against Expedia primarily concerning the bundled "Tax Recovery Charges" and "Service Fees" charged by Expedia when consumers book a hotel stay through Expedia's website or telephone operators. The Plaintiffs alleged that, in its assessment of "Tax Recovery Charges" and "Service Fees," Expedia (i) committed deceptive or unfair practices in violation of the Washington Consumer Protection Act ("CPA") from January 10, 2001 to June 11, 2008, and (ii) breached its contractual obligations from February 18, 2003 through December 11, 2006.
Expedia denied Plaintiffs' allegations, and, in the absence of a Settlement, would have continued to vigorously defend itself in this litigation, including on appeal.
For a more detailed explanation of the Settlement, please consult the Notice.
What Are Your Options?
If you are a member of the Class as described above, your legal rights are affected, and your options are as follows:
- MAKE A CASH ELECTION: You needed to complete and electronically submit the Expedia Cash Election Form on this website no later than December 31, 2009 in order to receive a cash payment.
- RECEIVE EXPEDIA SETTLEMENT CREDIT: Participate in the Settlement. Automatically receive Expedia Settlement Credit of approximately 2.17 times the amount you would receive in cash. If you believe you were eligible to receive an Expedia Settlement Credit, but have not yet received an email, please contact the Claims Administrator at ServiceFeesSettlement@gardencitygroup.com.
- OBJECT TO THE SETTLEMENT: The date by which Class Members could object to the Settlement, to Plaintiffs' Counsel's request for attorneys' fees and expenses of up to $10 million, or to incentive awards for the Named Plaintiffs (Michelle Huggins and Jose Alba) has passed. You must have provided written objections to the Court, Plaintiffs' Counsel, and Defense Counsel by November 11, 2009.
- ASK TO BE EXCLUDED: The date by which Class Members could opt out of the Settlement has passed. If you asked to be excluded or "opted out," you will not share in the Settlement Benefits and you will not be permitted to object to the terms of the Settlement. To be excluded, you must have returned a completed Opt-Out Form with a postmark of no later than November 11, 2009.
For more details on your options in this Settlement, please consult the Notice.
Final Approval Hearing
The Final Approval hearing was held on December 1, 2009 before the Honorable Monica J. Benton, at King County Superior Court, Maleng Regional Justice Center, 401 Fourth Avenue North, Kent, WA 98032. At the hearing, the Settlement was approved as fair, reasonable and adequate and the Named Plaintiffs were approved to receive incentive awards in an amount of $7,500 each. The Court also approved the award of attorneys' fees and costs to Plaintiffs' counsel of $10 million and an Order of Final Judgment and Dismissal was entered. However, appeals were filed challenging aspects of the Final Approval Order. Those appeals have now been resolved. Expedia Settlement Credit notices and Cash Payments were distributed beginning in June, 2010. If you have not received your Expedia Settlement Credit notice by email or a Settlement check by early July, 2010, please contact the Claims Administrator.
| Date | Case-Related Event |
|---|---|
| November 11, 2009 [Passed] |
Opt Out Deadline |
| November 11, 2009 [Passed] |
Objection Deadline |
| December 1, 2009
at 10:00 a.m. [Approved] |
Final Approval Hearing |
| December 31, 2009 [Passed] |
Election Form Deadline |
| June 2010 | Cash and Credit Distribution |
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