British Airways to stop US and Canadian members joining class action lawsuits

British Airways Executive Club rolled out an interesting update to its terms and conditions this week to the 1 million members based in the USA and Canada.

This was the email that members received:

We’re writing to let you know about some changes to your Executive Club membership. These changes include adding an arbitration agreement and class action waiver to our Terms and Conditions from 28 May 2020.

At British Airways, we would always try to informally settle any issues that may arise. However, if that’s not possible, we require our US and Canadian Members, such as yourself, to use arbitration to resolve disputes individually – and not through a court or a class action.

You’ll be asked to accept these changes the next time you book with us on ba.com.

If you look at the small print, US members must file a claim within two years of becoming aware of whatever issue led to the dispute.  This clause is not in the Canadian terms, presumably because local law does not allow it.

British Airways Executive Club has been hit by class action lawsuits in the past.  In 2018, British Airways was forced to pay out 2.2 BILLION Avios in a US class action lawsuit against fuel surcharges on Avios redemptions. 

The claimants filed that these ‘fuel surcharges’ bore no relation to the actual costs of aviation fuel and were not valid surcharges.  All US residents who had booked an Avios redemption between 2006 and 2013 were able to claim up to 35,000 Avios.

There is no change to the Terms & Conditions for members outside the US and Canada.  This is interesting as, of course, there is a class action lawsuit in progress in the UK against British Airways seeking compensation for the 2018 data breach.

How to earn Avios from UK credit cards (December 2021)

As a reminder, there are various ways of earning Avios points from UK credit cards.  Many cards also have generous sign-up bonuses!

There are two official British Airways American Express cards with attractive sign-up bonuses:

British Airways American Express

5,000 Avios for signing up, no annual fee and an Economy 2-4-1 voucher for spending ….. Read our full review

British Airways American Express Premium Plus

25,000 Avios and the UK’s most valuable credit card perk – the 2-4-1 companion voucher Read our full review

You can also get generous sign-up bonuses by applying for American Express cards which earn Membership Rewards points, such as:

American Express Preferred Rewards Gold

Your best beginner’s card – 20,000 points, FREE for a year & two airport lounge passes Read our full review

The Platinum Card from American Express

30,000 points and an unbeatable set of travel benefits – for a fee Read our full review

Run your own business?

We recommend Capital On Tap for limited companies. You earn 1 Avios per £1 which is impressive for a Visa card, along with a sign-up bonus worth 10,500 Avios:

Capital On Tap Business Rewards Visa

The most generous Avios Visa or Mastercard for a limited company Read our full review

You should also consider the British Airways Accelerating Business credit card. This is open to sole traders as well as limited companies and has a 30,000 Avios sign-up bonus:

British Airways Accelerating Business American Express

30,000 Avios sign-up bonus – plus annual bonuses of up to 30,000 Avios Read our full review

Click here to read our detailed summary of all UK credit cards which earn Avios. This includes both personal and small business cards.

(Want to earn more Avios?  Click here to visit our home page for our latest articles on earning and spending your Avios points and click here to see how to earn more Avios this month from offers and promotions.)