Delta Settlement Offering Refunds to Passengers Affected By COVID—Find Out If You Qualify

A Delta airlines plane is seen at Los Angeles International Airport (LAX) in Los Angeles on Jan. 11, 2023. (Daniel Slim/AFP via Getty Images)

Americans who have been affected by flight cancellations on Delta Air Lines during the COVID-19 pandemic period are entitled to a refund per a settlement the company has reached as part of a class-action lawsuit.

Individuals are eligible for the settlement if they are U.S. citizens who received credit for non-refundable tickets purchased with dollars on a Delta flight scheduled to depart between March 1, 2020, and April 30, 2021, according to the settlement website.

To qualify, Delta should have canceled the individual’s flight; the person should have requested the refund and not received it; and must have unused or partial unused credit as of Jan. 13, 2023.

However, some people are excluded from the settlement. This includes Delta and its affiliates, its employees, class counsel, judges and their immediate family members, and government agencies.

Individuals who are unsure of whether they are part of the settlement class can call the toll-free telephone number at 1-888-814-6501 or send an email to [email protected] for further clarification.

“The lawsuit alleges that Delta breached its contracts of carriage with ticket holders by refusing requests for refunds and instead providing credits for future travel on the airline for flights Delta canceled in the wake of the COVID-19 pandemic,” says the settlement website.

“Delta denies all allegations and has agreed to settle this lawsuit to avoid further litigation. The Court has not decided who is right.”

To obtain a settlement, eligible individuals can file for a claim online. The Settlement Administrator has sent an email with the notice of settlement to eligible individuals.

The notice will contain a 10-digit alphanumeric “Unique ID” as well as a 4-digit PIN that have to be entered on this webpage to submit the claim.

Individuals who have not received a settlement notice can apply through this webpage. They will have to provide basic information like names, addresses, phone numbers, email IDs, information about purchases, and other relevant documentation.

Those who wish to submit a claim via standard mail can download a copy of the claim form from here (pdf), fill it up, attach the necessary documentation, and send it to—Dusko v. Delta Air Line Inc., Settlement Administrator, P.O. Box 2240, Portland, OR 97208-2240.

All claim forms must be submitted no later than Sept. 15, 2023.

Receiving Settlement

Eligible individuals can receive the settlement as cash or credit payment. To receive cash payment, claimants must opt for the “Ticket Cash” and “Interest Cash” option.

Ticket Cash “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.”

In case the claimants choose to receive credits, such credits must be used by Dec. 31, 2023, for travel no later than Dec. 31, 2024. Interest will be calculated at 7 percent of the original ticket amount.

The United States District Court for the Northern District of Georgia, which presides over the case, has to still approve the settlement.

A hearing on the settlement is scheduled on Oct. 5. If appeals are made, the process can take up to more than a year. Claims will be honored only after all appeals are resolved.

Until individuals opt-out of the settlement, they will remain part of the settlement class. As such, once the settlement is finalized, individuals will not be able to sue Delta in legal issues pertaining to this case.

To exclude themselves, a written “opt-out request” must be submitted no later than Aug. 31 to Dusko v. Delta Air Lines Settlement Administrator, Opt-Out Requests, PO Box 2240, Portland, OR 97208-2240.

The Lawsuit

The class action lawsuit (pdf), which led to the settlement was filed by plaintiff Angela Dusko in April 2020. At the time, Delta was canceling flights amid the COVID-19 pandemic.

In December 2019, Ms. Dusko bought roundtrip tickets from Delta, paying $2,783.24. The trip was scheduled for March 27, 2020, with the return travel set for April 3.

On March 25, Delta informed Ms. Dusko that the outbound flight was canceled and that it was attempting to rebook tickets. The next day, Ms. Dusko was informed that the tickets had been rebooked for March 28.

The plaintiff called Delta’s customer service and notified that she did not want to be rebooked and demanded a full refund for canceling the original tickets.

The customer service denied the request and said that if Ms. Dusko chose to not take the rebooked flight, she would only be entitled to flight vouchers and not a refund.

Airline companies are obligated to provide passengers with refunds in case the cancelation of flights is initiated by the airlines. Ms. Dusko filed a lawsuit, which eventually led to the current settlement.

The exact amount claimants will receive as part of the settlement is unclear as this would depend on flight credits which can vary based on each claimant.