Frequently Asked Questions

  1. What is this lawsuit about?

    This Action arose out of Southwest’s decision, effective August 1, 2010, to only accept drink coupons received by Business Select customers with the purchase of a Business Select ticket on the date of the ticketed travel. The Plaintiffs in this case allege Southwest, in making that decision, breached its contract with Class Members who previously received drink coupons through prior purchases of Business Select tickets, and they should have been able to redeem them at any point in the future, with no expiration date or limitations. This case applies only to those persons who received a drink coupon prior to August 1, 2010, through the purchase of a Business Select ticket, and who did not redeem that drink coupon. If you received drink coupons from Southwest only as part of the Southwest “Rapid Rewards” frequent flyer program, you are not included in this Class.

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  2. Why is this a class action?

    In a class action, one or more people called “Class Representatives” sue on behalf of people who have similar claims, who are the “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

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  3. Why is there a Settlement?

    The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to settle. That way, they avoid the costs and risks of a trial, and the people affected will get relief. The Class Representatives and their attorneys think the Settlement is best for all Class Members. The Settlement is not an admission by Southwest that it did anything wrong.

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  4. How do I know if I am part of the Settlement?

    If you received a drink coupon through the purchase of a Business Select Southwest ticket prior to August 1, 2010, and did not redeem it, you are part of the Class. If you received drink coupons from Southwest only through or as a result of being a member of the Southwest “Rapid Rewards” frequent flyer program, you are not included in this Class. Even if you are unsure whether you are a Class Member, you should submit a timely Claim Form if you do not wish to be excluded from the Class.

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  5. What does the Settlement provide?

    This Settlement will provide Replacement Drink Vouchers to Class Members who submit timely and valid Claim Forms. The Settlement also provides injunctive relief. The Settlement Agreement, available on the Important Document Page of this website, describes all of the details about the proposed Settlement.

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  6. How many Replacement Drink Vouchers will I receive?

    You are entitled to one Replacement Drink Voucher for every drink coupon that you report on your Claim Form that you received, but did not redeem, through your purchase of a Business Select Southwest ticket prior to August 1, 2010, subject to audit by Southwest pursuant to its records. You do not need to still have the actual unredeemed drink coupons in your possession in order to submit a Claim. If you no longer have your unredeemed drink coupons, you can still submit a Claim, verifying the number of drink coupons that you did not redeem. You will not receive Replacement Drink Vouchers for Rapid Rewards drink coupons that you received, but did not redeem.

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  7. How can I get Replacement Drink Vouchers?

    To ask for Replacement Drink Vouchers, you must complete and submit a Claim Form. You complete and submit a Claim Form electronically by clicking on the Claim Form page of this website. Please read the instructions carefully and fill out the Claim Form entirely. In order to be considered timely, your Claim Form must be submitted on or before September 2, 2013."

    If you wish to have a Notice and Claim Form sent to you via US Mail, please call 1-888-288-2153 and select option 2 from the main menu. Please note that if you wish to submit a Claim Form by US Mail, it must be postmarked by September 2, 2013 and mailed to:

    SWA Business Select Settlement Administrator
    P.O. Box 4109
    Portland, OR 97208-4109

    Alternatively, you submit a Claim Form by e-mail by sending it to administrator@SouthwestVoucherSettlement.com, or you may fax it to 1-855-602-2913, each of which must be submitted by September 2, 2013 to be timely.

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  8. When will I get my Replacement Drink Vouchers?

    The Replacement Drink Vouchers will be mailed to Class Members who send in timely and valid Claim Forms, after the Court grants “final approval” of the Settlement, and any appeals are resolved. If Judge Kennelly approves the Settlement after an upcoming hearing (see the section “When and where will the Court decide whether to approve the Settlement?” below), there may be appeals. If there are any appeals, resolving them can take time. Please be patient.

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  9. What am I giving up to get Replacement Drink Vouchers or stay in the Class?

    If the Settlement becomes final, you will be releasing Southwest for all the claims identified in Section IX of the Settlement Agreement. These are called “Released Claims.” The Settlement Agreement is available on the Important Documents page of this website. The Settlement Agreement describes the Released Claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully. Talk to your attorneys (see the section on “Do I have a lawyer in this case?” below) or your own lawyer if you have questions about the Released Claims or what they mean.

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  10. How do I exclude myself from the Settlement?

    The deadline to request exclusion has passed and it is no longer possible to be excluded from the Settlement.

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  11. If I exclude myself, can I get Replacement Drink Vouchers from this Settlement?

    No. If you exclude yourself, do not submit a Claim Form to ask for Replacement Drink Vouchers.

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  12. Do I have a lawyer in this case?

    Yes. The Court appointed certain attorneys, known as Class Counsel, to represent you and other Class Members. You do not have to pay them. They will be paid directly by Southwest in an amount to be determined by the Court. Class Counsel are requesting up to $7,000,000 in fees, costs and expenses in this case. Southwest does not object to attorneys’ fees of $1,750,000. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.

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  13. How do I object to the Settlement?

    The deadline to object to the Settlement has passed and it is no longer possible to submit an objection for this Settlement.

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  14. Do I need to make an appearance to talk about my objection?

    No.

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  15. When and where will the Court decide whether to approve the Settlement?

    The Court has scheduled a Fairness Hearing at 9:30 a.m. on May 21, 2013, at the Everett McKinley Dirksen United States Courthouse for the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois 60604. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Kennelly will listen to people who have asked to speak about an objection. The Court may also decide how much to award Class Counsel as fees for representing the Class. At or after the hearing, the Court will decide whether to approve the Settlement. We do not know how long this decision will take. The hearing may be moved to a different date without additional notice, so it is a good idea to check this website for updated information.

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  16. Do I have to come to the hearing?

    No. You do not have to attend the Fairness Hearing. Class Counsel will answer questions that Judge Kennelly may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to the Fairness Hearing to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

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  17. May I speak at the hearing?

    If you submitted an objection to the Settlement (see Questions 13-15), you may ask the Court for permission to speak at the Fairness Hearing. If you or your attorney intends to speak at the Fairness Hearing, you must file a “Notice of Intention to Appear” in In re Southwest Airlines Voucher Litigation (No. 1:11-cv-8176) stating such intention. Your Notice of Intention to Appear must be received no later than April 11, 2013, and must be sent to the addresses listed in Question 13 along with the following information:

    • name of the case (In re Southwest Airlines Voucher Litigation, No. 11-cv-8176);
    • your full name, address, telephone number, and signature;
    • detailed statement of the specific legal and factual basis for each objection;
    • list of any witnesses you intend to call at the Fairness Hearing, and a description of the testimony to be offered; and
    • list of exhibits and copies of all exhibits you intend to introduce at the Fairness Hearing.

    If your attorney you have hired to represent you and your objection will speak at the Fairness Hearing, your notice of appearance must also include: (1) your attorney’s name, address, phone number, e-mail address, and state bar(s) to which the attorney is admitted; (2) any points and authorities in support of the objection the attorney will rely upon; and (3) a list identifying all objections such attorney has filed in class action settlements from January 1, 2008 to the present, the results of such objection, including any court opinions ruling on the objections, and any sanctions by a Court in connection with filing an objection.

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  18. What happens if I do nothing at all?

    If you do nothing, you’ll get no Replacement Drink Vouchers from this Settlement. And, unless you exclude yourself, you won’t be able to sue Southwest for the claims resolved in this case.

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