Published
October 30, 2024
Updated
August 3, 2026
The proposed $3.95 million Viva Aerobus settlement covered certain recorded calls involving people in California. The claim period is over, while the former official website no longer resolves and no accessible final order or payment notice could be confirmed.
Current Status
Claims are closed. The original notice used a November 9, 2024 claim deadline, while later public case summaries reported an extension through March 31, 2025 and a rescheduled May 2025 hearing. The former official website no longer resolves, and no accessible official final approval order or general payment notice was confirmed for this update. The case should therefore be treated as stale with no current public status, not as an open claim.StatusClaims Closed; Official Public Status Unavailable
Original Claim DeadlineNovember 9, 2024 — Passed
Proposed Fund$3.95 Million
Historical ProofClaim ID and Qualifying Phone Number
What Was the Viva Aerobus Call Recording Lawsuit About?
The lawsuit alleged that Aeroenlaces Nacionales S.A. de C.V., doing business as Viva Aerobus, recorded inbound and outbound customer-service calls involving people in California without obtaining the consent required by California law. Plaintiffs asserted claims under the California Invasion of Privacy Act.Viva Aerobus denied wrongdoing and liability. The airline agreed to a proposed $3.95 million settlement to avoid the expense and uncertainty of continued litigation. A settlement proposal is not an admission that the recordings were unlawful.
Who Was Included?
The proposed class covered people who resided in or were physically located in California when they made or received a recorded call with the Viva Aerobus customer-service department between August 7, 2022, and November 10, 2023. Both inbound and outbound calls could qualify.Eligibility depended on the call being within the administrator’s records and meeting the geographic and date requirements. Merely having flown on Viva Aerobus, booking online, or calling from outside California did not by itself establish membership.
How Was the Fund Supposed to Be Used?
The proposed gross fund was $3.95 million. After requested attorneys’ fees, litigation expenses, administration costs, and service awards, public notice materials estimated that roughly $2.43 million could remain for valid claimants.The notice used an estimated base value of about $21.45 per qualifying call and suggested the actual amount could be closer to $100 per call depending on participation. Those were estimates, not guaranteed checks, and the final amount depended on accepted claims and court-approved deductions.
What Did a Claim Require?
The online process required a Claim ID from the mailed or emailed notice and the phone number associated with the recorded call. Claimants could dispute the number of qualifying calls by supplying relevant information to the administrator.Under OCA’s proof standard, the administrator-issued ID and call matching made the settlement proof-required. A person could not simply estimate a number of calls without being connected to the administrator’s call data.
What Were the Deadlines?
The original settlement notice and OCA’s legacy page listed November 9, 2024 for claims, exclusions, and objections, with a December 2024 hearing. Later public case summaries reported that those dates were extended through March 31, 2025 and that the hearing was moved to May 20, 2025.Regardless of which deadline applied to a particular notice, every reported filing date is now past. No current claim portal exists, and an archived form should not be used to submit private phone information.
Was Final Approval Granted?
A passed hearing date is not enough to establish final approval. The former official administrator domain no longer resolves, and no accessible official order was located that would support stating that final approval was granted.For the same reason, OCA is not labeling the settlement as rejected. The accurate public status is that the claim process closed and the administrator’s current approval and distribution information is unavailable.
Were Payments Issued?
The proposed agreement contemplated payment after final approval and any required finality period. Public estimates suggested distribution could follow approval by roughly two months, but an estimate is not a payment authorization or confirmation.No general official payment notice was available for this update. That absence does not prove that no claimant received money; it means payment completion cannot responsibly be stated from the accessible official record.
Can Anyone File Now?
No. All known claim deadlines passed and the former website is unavailable. OCA cannot accept a claim, recover a Claim ID, verify a phone number against airline records, or create a late filing exception.A person who timely filed should rely on saved administrator correspondence and any court notice already received. Be cautious of a new site or message asking for a fee to release a settlement payment.
What Claims Would the Settlement Resolve?
If the proposal became effective, participating class members would release covered claims tied to the alleged recording of qualifying calls during the class period. The release would not automatically cover unrelated airline charges, flight disruptions, or calls outside the defined period.The official settlement agreement and any court order control the release. Because current public administrator materials are unavailable, readers should not rely on a third-party summary for individualized legal advice.
How Should Readers Interpret This Page?
This page preserves the historical allegations, eligibility rules, and proposed benefit while clearly separating them from the unconfirmed current stage. It is not an advertisement for an open settlement.If the administrator site or a final court order becomes publicly accessible again, the status should be updated to reflect the actual approval and distribution record rather than inferred from the age of the case.
Official Information
Review the latest information on the former official Viva Aerobus settlement website website.
Case
Rahmat et al. v. Aeroenlaces Nacionales S.A. de C.V. d/b/a Viva Aerobus
Case Number
2023CUBT012357
Court
Superior Court of California, County of Ventura
Class Period
August 7, 2022–November 10, 2023
Proposed Fund
$3,950,000
Original Claim Deadline
November 9, 2024
Current Public Record
Former official site unavailable; final result unconfirmed
Official Website
former official Viva Aerobus settlement website
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