Levey, et al. v. Concesionaria Vuela Compañía de Aviación, S.A.P.I. de C.V. (“Volaris”) 
U.S.D.C., Northern District of Illinois, Eastern Division 
Case No. 1:20-cv-02215 
EL AVISO EN ESPAÑOL ESTÁ A CONTINUACIÓN

 If you were a passenger on a Volaris flight that was cancelled or significantly delayed by the airline for reasons related to the COVID-19 pandemic beginning in March 2020, you may be entitled to receive on average $197, but it may be more or less as explained below.

A federal court authorized this Notice. This is not a solicitation from a lawyer.

A proposed settlement will provide $3,500,000 (the “Settlement Fund”) to fully settle and release claims of the following individuals: 

All ticketed U.S. citizen passengers on Volaris flights to, from or within the United States, whose flights were scheduled to operate between March 20, 2020 and November 30, 2020, but were canceled or significantly delayed by Volaris for reasons related to the COVID-19 health emergency and who did not (1) accept alternative transportation offered by Volaris, (2) receive a refund from Volaris or any applicable third party, or (3) receive a flight voucher from Volaris for future transportation and use that voucher in full.

Excluded from the Settlement Class are Defendant and any of its respective officers, directors or employees, the presiding judge, Class Counsel and members of their immediate families, and persons or entities who timely and properly exclude themselves from the Settlement Class.

Volaris denies Plaintiffs’ allegations and denies any wrongdoing whatsoever. The Court has not ruled on the merits of Plaintiffs’ claims or Volaris’ defenses. By entering into the settlement, Volaris has not conceded to the truth or validity of any of the claims brought against it.

The Settlement Funds shall be used to pay amounts related to the settlement, including awards to Settlement Class, attorneys’ fees and costs to attorneys representing Plaintiffs and the Settlement Class (“Class Counsel”), any service award for Plaintiffs and the costs of notice and administration of the settlement. Class Counsel estimate that Settlement Class Members will receive approximately $197 (“Initial Settlement Award”). In no event shall a Settlement Class Member’s Initial Settlement Award exceed the total amount they paid for their flight less any refund already received from Volaris or any applicable third party. If a Settlement Class Member received a voucher from Volaris and redeemed it, the amount of their cash award will be reduced by the same amount. Any monies remaining in the Settlement Fund after the Initial Settlement Awards are distributed, and the expiration date of any checks has passed, will be distributed on a pro rata basis to those Settlement Class Members who cashed their Initial Settlement Award check or accepted their electronic payment (the “Subsequent Distribution”), so long as the amount to be distributed is at least $5.00 per Class Member. Such pro rata share shall not exceed the total amount paid by each Settlement Class Member for their canceled or significantly delayed flight, including airfare taxes and ancillary charges, less any refund and/or the redeemed amount of any voucher provided by Defendant and less the amount of the Initial Settlement Award payment. The Subsequent Distribution shall be made within ninety (90) days after the expiration date of the Initial Settlement Award checks or the date of transmission of electronic payments. If there is not enough money to pay at least $5.00 to each Settlement Class Member who cashed their Initial Settlement Award check or accepted their Initial Settlement Award electronic payment, or if any checks or electronic payments from the subsequent distribution remain uncashed after the stale date or electronic payments unaccepted, those funds shall be distributed cy pres to Travelers United.

Your rights and options, and the deadlines to exercise them, are explained in this Notice. Your legal rights are affected whether you act or do not act. Read the Notice carefully.

SUMMARY OF LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING	All Settlement Class Members will receive an estimated payment of $197 by check mailed to their last known address unless electronic payment is elected by the Class Members. The $197 is an estimate, but it may be more or less depending on whether you were issued a voucher and used any portion of that voucher as all payouts are capped at the amount of the fare accounting for any voucher used. If there is no known valid mailing address but the Class List contains a valid email address, then electronic payment will be sent automatically to that email address. You may also elect electronic payment by visiting the Payment Election Form tab, entering your Class Member ID and following the directions on the website.
EXCLUDE  YOURSELF  OR "OPT OUT" OF THE SETTLEMENT	If you ask to be excluded, you will not receive a payment. This is the only option that allows you to pursue your own claims against Volaris or other released parties related to a released claim. The deadline for excluding yourself is August 9, 2024.
OBJECT TO THE SETTLEMENT	If you wish to object to the settlement, you must write to the Court about why you believe the settlement is unfair in any respect as explained in the Notice. The deadline for objecting is August 9. 2024
GO TO THE FINAL APPROVAL HEARING	You may attend the Final Approval Hearing. At the Final Approval Hearing you may ask to speak in Court about the fairness of the settlement. To speak at the Final Approval Hearing, you must file a document that includes your name, address, telephone number and your signature with the Court, which must also state your intention to appear at the Final Approval Hearing. This must be filed no later than October 9, 2024.

These rights and options—and the deadlines to exercise them—are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the settlement. Payments (i.e., Settlement Awards) will be disbursed if the Court approves the settlement and after any appeals are resolved. Please be patient.