Tower v TAP Inc.

A Court authorized a notice because you have a right to know about the proposed settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the settlement. The notice explains the lawsuit, the settlement, your legal rights, what benefits are available, and who can get them.

Magistrate Judge Stacy D. Adams of the United States District Court for the District of New Jersey is overseeing the settlement and matters related to settlement in this class action. The case is known as Tower v. Transportes Aereos Portugueses, S.A., Case No. 2:22-cv-6746-JKS-ESK (D.N.J.) (“Tower v. TAP” or the “Action”). The person who filed this lawsuit is called the “Plaintiff” and the company he sued, TAP, is called the “Defendant.”

The lawsuit is about whether TAP Air Portugal (“TAP”) violated contractual and legal obligations by failing to refund customers for flights it canceled during the COVID-19 pandemic. Plaintiffs allege that TAP withheld funds unlawfully, causing financial harm to customers. TAP denies all allegations of wrongdoing. A settlement has been proposed to resolve this matter without further litigation. The Court has not decided in favor of either party.

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

The Court did not decide in favor of the Class Representatives or TAP. Instead, both parties agreed to a settlement. This way, they avoid the cost and burden of a trial and the people affected can get benefits. The Class Representatives and their attorneys think the settlement is best for all Class Members.

The settlement includes all individuals who purchased airline tickets from TAP Air Portugal between March 1, 2020, and December 31, 2021, whose flights were canceled by TAP, and who did not receive a refund.

Yes. The settlement does not include: (a) the directors, officers, employees, and attorneys of TAP and its subsidiaries or any other entity in which TAP has a controlling interest; (b) governmental entities; (c) the Court, the Court’s immediate family, and Court staff; and (d) any person who timely and properly excludes himself or herself from the Settlement Class in accordance with the procedures approved by the Court.

If you are not sure whether you are included, call 1-888-871-7940, or write to one of the lawyers listed in Question 14 below.

TAP has agreed to (a) provide cash payments to Settlement Class Members who submit valid claim forms; (b) cover notice and claims administration costs: and (c) pay for Class Counsel’s attorneys’ fees, as further described below.

TAP has agreed to make full refunds plus seven percent additional compensation. For example, if you incurred $1,000 in ticket purchases for travel on TAP during the Class Period and have requested but not received a refund, you would receive $1,070 (i.e., a full refund plus seven percent).

In order to be eligible to receive a cash payment, Class Members needed to submit a timely and complete claim form by August 5, 2025.

If you are a Settlement Class Member and you submitted a timely claim, payments were sent out on May 15, 2026.

Unless you exclude yourself, you are staying in the Settlement Class. If the settlement is approved and becomes final, all the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against TAP or the Released Persons as listed in Question 13 about the legal issues resolved by this settlement. The rights you are giving up are called “Released Claims.”

If, and when, the settlement becomes final, Settlement Class Members will permanently release TAP and each and all of its current, former, and future affiliates, parents, subsidiaries, successors, and assigns, and each and all of its respective present or former representatives, officers, agents, directors, partners, principals, employees, insurers, successors, assigns, and attorneys, except for claims asserted by the Class Representatives to enforce the Settlement. More details about the claims you will be releasing are described in paragraphs 110 - 115 of the Settlement Agreement, available here.

Yes. Judge Adams appointed Glancy Prongay & Murray, LLP and Carella Byrne Cecchi Brody & Agnello, P.C. to represent you and other Settlement Class Members as “Class Counsel.” These law firms are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for an award of attorneys’ fees and expenses of up to $800,000. They will also ask the Court to approve $5,000 incentive awards for each of the two Class Representatives. The Court may award less than these amounts. Any amounts awarded by the Court will be paid by TAP separately and will not affect the amount available for cash payments to Settlement Class Members.

The deadline to exclude yourself from the Settlement was September 15, 2025.

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the settlement. You can only get a cash payment if you stay in the settlement and submit a valid Claim Form.

No. Unless you exclude yourself, you are giving up the right to sue TAP and the Released Persons for the claims that this settlement resolves. You must exclude yourself from this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against TAP or any of the Released Persons.

The deadline to object to the Settlement was September 15, 2025.

The deadline to object to the Settlement was September 15, 2025. The Court held the Final Approval Hearing on October 23, 2025 and granted final approval of the Settlement after the hearing on the same day.

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you remain a Settlement Class Member (that is, do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you can’t object because the settlement no longer affects you.

The Court held the Final Approval Hearing on October 23, 2025 and granted final approval of the Settlement after the hearing on the same day.

No. Class Counsel will answer any questions Judge Adams may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it. If you mailed your written objection on time, the Court will consider it.

Yes. You may ask the Court for permission to speak at the hearing by including a statement in your objection indicating that you intend to appear at the Final Approval Hearing; please see Question 20.. You cannot speak at the hearing if you exclude yourself from the Settlement Class.

If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 13, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against TAP and the Released Persons about the legal issues resolved by this settlement. In addition, you will not receive a cash payment because you must, at a minimum, submit a valid Claim Form to potentially qualify for a cash payment.

The notice summarizes the proposed settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement, Claim Form, and other related documents are available here. Additional information is also available by calling 1-888-871-7940 or by writing to Tower v. TAP Settlement Administrator, P.O. Box 2470, Portland, OR 97208-2470. Publicly filed documents can also be obtained by visiting the Martin Luther King Building & U.S. Courthouse during business hours or accessing the Court’s online docket via PACER.