travel consumer restitution fund

‘Secret' Travel Fund May Help Travelers Recover Lost Money

By christine roher and randy mac • published may 11, 2021 • updated on may 12, 2021 at 12:35 am.

During the pandemic, the NBC4 I-Team received more travel-related complaints than ever before. But many don’t know that there’s a fund set up in California that may help travelers recoup lost money.

Tere Marquez’s first vacation without her kids - to the Carribbean - was going great. That is, until the airline canceled her flight home to LA.

“I started crying,” said Marquez. “I was like, ‘What do you mean we don’t have a flight home?’”

Marquez called the airline and the online travel agent she used to book the flight. The only option they gave her to return home: leave a day early and connect through Germany with a 13-hour layover. It’s an option she called “crazy.” So instead, Marquez paid $1,900 to book a new flight home on a different airline. So tried to get reimbursed for the new flight, but both the airline and travel agent wouldn’t budge.

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“It was tough,” said Marquez.

She didn’t realize it, but she could have tried to get her money back by filing a complaint with the Travel Consumer Restitution Corporation, or the TCRC. It’s a private company, but it was set up by the state legislature 25 years ago. The idea behind it is to provide consumers some financial recourse when a travel agent fails to deliver or goes belly up.

“It’s especially good right now, in this time, I think,” said Vicki Scheck with ScheckTrek Travel. “It provides consumers with another layer of protection.” The TCRC is funded by all travel agents registered in California, like Scheck. They’re required to pitch in about $100 a year.

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The TCRC pot is quite sizable - about $3 million. And it doles out just a fraction of that every year. The TCRC told the I-Team it receives about 57 claims a year, and approves 72% of them. The average claim paid is roughly $3,000. The pandemic did spark more claims last year - 199. TCRC said it paid 62% of those.

Scheck’s never known a traveler who’s filed a complaint with the TCRC.

“The travel advisors I know are fantastic,” she said. “And they’re totally behind their clients.” But she thinks it’s good to have around, and encourages travelers to use it.

“Most travel advisors support this,” said Scheck. “Because when there is a bad apple, it really casts a shadow over all of us. We want those people who get hurt by that to have some recourse.”

The TCRC has some rules, like:

• The agent you’re filing a claim against must be registered in California.
• Claims are capped at $15,000 per person.
• There’s a $35 fee to file a claim.

To file a claim, click here .

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THE FOLLOWING ARE THE MANDATORY DISCLOSURES AS REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF JUSTICE, SELLER OF TRAVEL :  

In Addition To The Preliminary Travel Information, Together With Your Final Travel Itinerary, At The Time You Purchased Your Airline Ticket/s From S & S TRAVEL AGENCY AND/OR S & S ONLINE TRAVEL AGENCY, duly registered with the CALIFORNIA SELLER OF TRAVEL under REGISTRATION NO. 2039796-50, with Physical Offices And Headquarters located at 2720 E. Plaza Blvd., Suite Y- Room B, National City, California 91950, U.S.A., Tel. (619) 475-3262 AND 9128 Danube Lane, San Diego, California 92126, U.S.A., Tel. (858) 689-0609. Email: [email protected] 24 / 7 / 365 Fully Automated Travel Website: www.snstravel.org

CANCELLATION AND REBOOKING DISCLOSURES :

Once you are ticketed, there is a corresponding cancellation charge and penalty except for non-refundable tickets) for all flight cancellations OR rebookings made or caused by you. The cost of most flight cancellations and rebookings starts at $450 per ticket and can only be determined by the Airlines and the Consolidators themselves, at the time the cancellation or rebooking is actually made.

DISCLOSURE OF RIGHT TO PROMPT REFUND :

Upon cancellation of your airline ticket, where you are not at fault and have not canceled in violation of any of our terms and conditions as previously explained to you, all sums paid to S&S TRAVEL AGENCY for services not received by you will be promptly paid to you as the passenger, unless otherwise advised by you in writing. S & S TRAVEL AGENCY reserves the right to charge a service fee in handling all refunds.

DISCLOSURE STATING THE CUSTOMER’S PROTECTIONS UNDER THE SELLER OF TRAVEL ACT :

California Law requires S & S TRAVEL AGENCY to have a Bond. S & S TRAVEL AGENCY has a Bond issued by the American Contractors Indemnity Company in the amount of $2,000.00.

DISCLOSURE OF AFFILIATION WITH THE TRAVEL CONSUMER RESTITUTION FUND (TCRF) :  

S & S Travel Agency is a participant of the California Travel Consumer Restitution Fund (TCRF). In the event of S & S TRAVEL AGENCY’s default, you may be eligible for a refund of up to $15,000 from the California Travel Restitution Fund. A claim must be submitted to TCRF and must include sufficient documentations to prove your claim with a $35 processing fee. Claimants must agree to waive their rights to other civil remedies against S & S TRAVEL AGENCY. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC’s website at: www.tcrcinfo.org.

DISCLOSURE TO EPIDEMIC / PANDEMIC AND OTHER UNFORSEEN FORCE MAJEURE EVENTS :

In case of unforeseen events, calamities, pandemic, epidemic, calamities, etc., S & S TRAVEL AGENCY AND/OR S & S ONLINE TRAVEL AGENCY reserves the right to collect a minimum of $150 service fee to defray the cost of our Consolidator's services rendered.

ENTRY REQUIREMENT:

It is the passenger's responsibility to meet the entry requirements for the countries you are traveling to and connecting through.

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‘Secret' Fund Has Millions of Dollars for Frustrated Travelers

By chris chmura • published march 24, 2021 • updated on april 6, 2021 at 12:16 pm.

If you’ve been fighting with an unresponsive travel agent over money, a little-known California fund has millions of dollars that could be paid to you. 

Many people have been doing battle with travel agents. We’ve heard from dozens of upset people. Flora Teng is one of them. 

“I just felt like I had nowhere to go,” she said, after asking NBC Bay Area Responds for help.

Prior to the pandemic, Teng had booked a luxury trip with Emirates Airline. Then COVID-19 hit. Emirates cancelled Teng’s flight and authorized a full, $10,000 refund. But Teng’s travel agent arrived at a different conclusion. 

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“They wanted to charge me $250 per person to get my refund,” she said.

Ultimately, NBC Bay Area Responds convinced the agent to process the refund with no fees. But Teng might have been able to turn somewhere else for help: TCRC. 

Private Corporation; Public Complaints

“There are [sometimes] a couple bad apples that spoil the cart,” said Steve Orens of Plaza Travel.  

“That’s why we have things like TCRC.”

TCRC stands for the Travel Consumer Restitution Corporation. If you’ve never heard of it, you are not alone. Neither had we.

“You’re right, it’s a secret,” said Diane Embree of Michael’s Travel Centre.

Embree said she helped put the TCRC in place in 1995. “There are a lot of people out there that just don’t know about it.”

The state legislature created the TCRC as a private corporation to take consumer complaints from the public when travel agents fail to deliver services or go belly up. California travel agents are required to register as a “Seller of Travel” and pay into a TCRC fund. That fund, in turn, pays unfulfilled California residents like Teng.

Who Knew? (Almost No One)

But there’s a very big gap. We asked Teng what she knew about the TCRC.

“Nothing,” she said. “I’ve never even heard of it.” 

You can’t really blame her.  

A TCRC representative told us it does not advertise. We couldn’t find a Facebook page, YouTube channel, or Twitter feed. Embree said the TCRC tried to produce Public Service Announcements in the 1990’s, but wasn’t successful.  

The legislature created a board of six people, four of whom are travel agents, to oversee the TCRC. We requested an interview, but a spokesman declined.

Jerry Desmond, with the California Coalition of Travel Organizations, said he worked with Embree to help enact the TCRC in the 1990’s. “It was a while ago,” he quipped. “There were some fears that the claims into the fund would exhaust the fund often, but that didn’t actually occur,” he said.

The situation is quite the contrary, in fact. TCRC’s money has piled up and very few people apply each year.

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Millions in stockpile.

The cash in the TCRC’s bank account has grown every year since 2013 -- as far back as we can see the financial reports posted on its website. As of the TCRC’s latest annual report, its fund had almost $3.5 million dollars on hand.

However, in a state of almost 40 million people; where more than 3,000 people complained to The Federal Trade Commission about travel in 2020 alone; the TCRC only hears from 57 people per year, on average. In 2016, it received just 13 claims.  

Here’s good news: the few people who know to apply to this nearly “secret” board often win. The TCRC has approved -- and paid -- an average of 73% of claims since 2013, according to our analysis. It pays people a good chunk of money, too: an average of $3,002 per claim, according to our calculations.

“We honored the claims and we reimbursed them,” said Embree, who told us she previously sat on the board — in addition to helping set up the TCRC.   

How to File a Claim

Here’s how the claim process works, as we understand it from the TCRC website, a spokesman, and former board members.

• STEP ONE: Look up your agency on http://www.tcrcinfo.org . Only California agents and California residents are eligible. 
• STEP TWO: If your travel agent is listed there, you can fill out a claim form, tell your story, and provide documentation. The TCRC does not hold hearings. You must make your case in writing. And, your losses must be greater than $50. 
• STEP THREE: Pay a $35 filing fee. It’s non-refundable. 
• STEP FOUR: Wait. The board has 45 days to weigh the evidence from both sides, then either request extra information or issue a decision.
• STEP FIVE: If you lose, you may request reconsideration. The law that created the TCRC says the board may charge a $50 fee to do so. 

Now, some caveats. You must file within one year of the scheduled end of your trip. So, if you’re arguing with a travel agent right now over a trip that was set for the start of the pandemic in 2020, your deadline to apply is likely approaching fast. Also, claims are capped at $15,000 per person, according to TCRC.

Embree recommended looking up a travel agent before doing any business with them.  

“What your viewers need to know is that they should be making sure that the agency is located in California, has a ‘Seller of Travel’ registration number, and is a participant in the TCRC. If they have all that, they’re going to get more protection that they are going to get anywhere else in the country,” Embree said. 

Flora Teng is recommending the TCRC do some outreach or advertising. 

She asked: “How do people even know they exist?”

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Updated: February 05 2018

Travel Consumer Restitution Corporation

In 1995, the California legislature enacted the Seller of Travel Law, creating the Travel Consumer Restitution Fund for the benefit of consumers located in California who suffer losses as a result of the bankruptcy, cessation of operations, insolvency, or material failure of a seller of travel to provide the transportation or travel services contracted for.

The Travel Consumer Restitution Corporation (TCRC) was created to decide claims made against the restitution fund. The TCRC is a Private Corporation governed by the Seller of Travel Law. It is not a government agency or an insurance company. It is not associated with or controlled by any seller of travel, and it does not represent any seller of travel.

Primary Address

Travel Consumer Restitution Corporation P.O. Box 6001 Larkspur, CA 94977-6001 Phone : (866) 301-3004 Web : http://www.tcrcinfo.org

Region(s) Served

• Travel Consumer Restitution Corporation - Larkspur Office P.O. Box 6001, Larkspur, CA 94977-6001 Toll-free: (866) 301-3004 Phone: (415) 458-3032 Fax: (415) 256-9756 Web: http://www.tcrcinfo.org …

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About CCTO…

The California Coalition of Travel Organizations (CCTO) is a nonprofit state government relations coalition of national, state and regional associations and consortiums of travel agents and tour operators.

CCTO member organizations include individual California chapters of the American Society of Travel Advisors (ASTA), as well as United States Tour Operators Association (USTOA), Student Youth Travel Association, Signature Travel Network, WESTA, Ensemble, Professional Association of Travel Hosts (PATH), Travel Leaders Network, and Virtuoso.

CCTO has been actively lobbying in the State Capitol since its formation in 1987 and sponsored the legislation enacted in 1995 that established California’s Seller of Travel Law (SOT) and its landmark Travel Consumer Restitution Fund (TCRC).

Focusing on advocacy, CCTO has worked successfully to:

• Obtain an amendment to AB 5, exempting independent travel advisors from the Dynamex decision.
• Sponsor the California Seller of Travel Law which protects consumers by way of a unique Travel Consumer Restitution Fund which is wholly funded by the travel industry.
• Prevent the state from competing as a travel agent.
• Prevent travel agents from being annually assessed hundreds of dollars per million dollars in gross revenue.
• Deter frivolous lawsuits against individual travel agents and tour operators filed by lawyers on behalf of bogus consumers.
• Ensure state budget crises do not target our industry for new taxes and fees.
• Accomplish additional efficiencies in the administration of the travel consumer restitution fund.
• Prevent a mandate that state employees shop online and limit travel agent use.
• Sponsor legislation to save each travel agent and tour operator from a requirement to obtain an expensive bond.
• Eliminated cart fees at the International Terminal at LAX.

CCTO maintains working relationships with state elected officials, regulators, legislators and others. CCTO engages with a professional legislative advocate, a grassroots lobbying program, and the support of our member organizations. Jerry Desmond Jr., Esq., with the California government relations firm Desmond & Desmond LLC, has represented CCTO since its inception in 1987.

Get Involved with CCTO on Facebook!

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FACT SHEET: Biden- ⁠ Harris Administration Announces Rules to Deliver Automatic Refunds and Protect Consumers from Surprise Junk Fees in Air   Travel

Newly finalized rules will mandate automatic, cash refunds for cancelled or significantly delayed flights and save consumers over half a billion dollars every year in airline fees

WASHINGTON – Building on a historic record of expanding consumer protections and standing up for airline passengers, the Biden-Harris Administration announced final rules that require airlines to provide automatic cash refunds to passengers when owed and protect consumers from costly surprise airline fees. These rules will significantly expand consumer protections in air travel, provide passengers an easier pathway to refunds when owed, and save consumers over half a billion dollars every year in hidden and surprise junk fees.   The rules are part of the Biden-Harris Administration’s work to lower costs for consumers and take on corporate rip-offs. President Biden signed an Executive Order on Promoting Competition in 2021 that encouraged DOT to take steps to promote fairer, more transparent, and competitive markets.   Requiring Automatic Cash Airline Refunds

The first rule requires airlines to promptly provide passengers with automatic cash refunds when owed because their flights are cancelled or significantly changed, their checked bags are significantly delayed, or the ancillary services, like Wi-Fi, they purchased are not provided.   Without this rule, consumers have to navigate a patchwork of cumbersome processes to request and receive a refund — searching through airline websites to figure out how to make the request, filling out extra “digital paperwork,” or at times waiting for hours on the phone. Passengers would also receive a travel credit or voucher by default from many airlines instead of getting their money back, so they could not use their refund to rebook on another airline when their flight was changed or cancelled without navigating a cumbersome request process.   DOT’s rule makes it simple and straightforward for passengers to receive the money they are owed. The final rule requires refunds to be:

• Automatic: Airlines must automatically issue refunds without passengers having to explicitly request them or jump through hoops.
• Prompt: Airlines and ticket agents must promptly issue refunds within seven business days of refunds becoming due for credit card purchases and 20 calendar days for other payment methods.
• Cash or original form of payment: Airlines and ticket agents must provide refunds in cash or whatever original payment method the individual used to make the purchase, such as credit card or airline miles. Airlines may not substitute vouchers, travel credits, or other forms of compensation unless the passenger affirmatively chooses to accept alternative compensation.
• Full amount: Airlines and ticket agents must provide full refunds of the ticket purchase price, minus the value of any portion of transportation already used. The refunds must include all government-imposed taxes and fees and airline-imposed fees.

Protecting Against Surprise Airline Junk Fees

Secondly, DOT is requiring airlines and ticket agents to tell consumers upfront what fees they charge for checked bags, a carry-on bag, for changing a reservation, or cancelling a reservation. This ensures that consumers can avoid surprise fees when they purchase tickets from airlines or ticket agents, including both brick-and-mortar travel agencies or online travel agencies. The rule will help consumers avoid unneeded or unexpected charges that can increase quickly and add significant cost to what may, at first, look like a cheap ticket. Extra fees, like checked baggage and change fees, have been a growing source of revenue for airlines, while also becoming more complex and confusing for passengers over time. In total, thanks to the final rule, consumers are expected to save over half a billion dollars every year that they are currently overpaying in airline fees. DOT’s rule ensures that consumers have the information they need to better understand the true costs of air travel. Under the final rule, airlines are required to:

• Disclose baggage, change, and cancellation fees upfront : Each fee must be disclosed the first time that fare and schedule information is provided on the airline’s online platform — and cannot be displayed through a hyperlink.
• Explain fee policies before ticket purchase: For each type of baggage, airlines and ticket agents must spell out the weight and dimension limitations that they impose. They must also describe any prohibitions or restrictions on changing or cancelling a flight, along with policies related to differences in fare when switching to a more or less expensive flight.  
• Share fee information with third parties : An airline must provide useable, current, and accurate information regarding its baggage, change, and cancellation fees and policies to any company that is required to disclose them to consumers and receives fare, schedule, and availability information from that airline.
• Inform consumers that seats are guaranteed: When offering an advance seat assignment for a fee, airlines and ticket agents must let consumers know that purchasing a seat is not necessary to travel, so consumers can avoid paying unwanted seat selection fees.
• Provide both standard and passenger-specific fee information:  Consumers can choose to view passenger-specific fee information based on their participation in the airline’s rewards program, their military status, or the credit card that they use — or they can decide to stay anonymous and get the standard fee information.
• End discount bait-and-switch tactics: The final rule puts an end to the bait-and-switch tactics some airlines use to disguise the true cost of discounted flights. It prohibits airlines from advertising a promotional discount off a low base fare that does not include all mandatory carrier-imposed fees.

DOT’s Historic Record of Consumer Protection Under the Biden-Harris Administration Both of these actions were suggested for consideration by the DOT in the Executive Order on Promoting Competition and build on historic steps the Biden-Harris Administration has already taken to expand consumer protections, promote competition, and protect air travelers. Under the Biden-Harris Administration, DOT has advanced the largest expansion of airline passenger rights, issued the biggest fines against airlines for failing consumers, and returned more money to passengers in refunds and reimbursements than ever before in the Department’s history.

• DOT launched the flightrights.gov dashboard, and now all 10 major U.S. airlines guarantee free rebooking and meals, and nine guarantee hotel accommodations when an airline issue causes a significant delay or cancellation. These are new commitments the airlines added to their customer service plans that DOT can legally ensure they adhere to and are displayed on flightrights.gov.
• Since President Biden took office, DOT has helped return more than $3 billion in refunds and reimbursements owed to airline passengers – including over $600 million to passengers affected by the Southwest Airlines holiday meltdown in 2022.
• DOT has issued over $164 million in penalties against airlines for consumer protection violations. Between 1996 and 2020, DOT collectively issued less than $71 million in penalties against airlines for consumer protection violations.
• DOT recently launched a new partnership with a bipartisan group of state attorneys general to fast-track the review of consumer complaints, hold airlines accountable, and protect the rights of the traveling public.
• In 2023, the flight cancellation rate in the U.S. was a record low at under 1.2% — the lowest rate of flight cancellations in over 10 years despite a record amount of air travel
• DOT is undertaking its first ever industry-wide review of airline privacy practices and its first review of airline loyalty programs

In addition to finalizing the rules to require automatic refunds and protect consumers from surprise fees, DOT is also pursuing rulemakings that would:

• Propose to ban family seating junk fees and guarantee that parents can sit with their children for no extra charge when they fly. Before President Biden and Secretary Buttigieg pressed airlines last year, no airline committed to guaranteeing fee-free family seating. Now, four airlines guarantee fee-free family seating, as the Department is working on its family seating junk fee ban proposal.
• Propose to make passenger compensation and amenities mandatory so that travelers are taken care of when airlines cause flight delays or cancellations.
• Expand the rights for passengers who use wheelchairs and ensure that they can travel safely and with dignity . The comment period on this proposed rule closes on May 13, 2024.

Travelers can learn more about their protections when they fly at  FlightRights.gov . Consumers may file an airline complaint with the Department  here .

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Southwest Still on the Hook for 2022 Holiday Meltdown — and Will Now Provide New Vouchers for Delayed, Canceled Flights

The compensation program is part of the airline's settlement with Department of Transportation.

Southwest Airlines' settlement terms with the Department of Transportation (DOT) are kicking in — leading to future customers receiving compensation if they experience a significant flight delay. As part of the settlement sparked from the airline’s 2022 holiday meltdown, Southwest has agreed to award $75 or more in transferrable vouchers to travelers who reach their destination at least three hours late due to an airline-caused disruption or cancellation, according to the DOT .

The airline quietly launched the compensation program on April 16, and has already heard from a few thousand customers, Reuters reported. The effort is part of the airline’s agreement to establish a $90 million reserve fund for future flight delays and cancellations.

“After the 2022 holiday meltdown, our department held Southwest Airlines accountable — and now the airline is required to compensate passengers for lengthy delays and cancellations that they cause,” U.S. Transportation Secretary Pete Buttigieg said in a statement. “We're pleased to bring these benefits to passengers, and further show the flying public that the Biden-Harris Administration has their back.”

Going forward, Southwest is required to award the vouchers when a flight is canceled or delayed within seven days of the scheduled departure date.

Travelers are not entitled to a voucher if the delay is caused by something like weather.

To request a voucher, passengers must fill out an online form . Travelers must submit their request within one year of their delayed or canceled flight. The vouchers will be transferable and valid for at least one year after the date of issuance, according to the DOT.

A representative for Southwest did not immediately respond to a request for comment on the program from Travel + Leisure .

The program is required to last for three years, Reuters noted, but Southwest CEO Bob Jordan told the wire service consumer programs "rarely change or go away."

In December, the DOT issued a record $140 million fine against Southwest following the 2022 holiday travel meltdown , which saw thousands of flights canceled and passengers stranded. The DOT also said Southwest was financially responsible for at least $750 million, including refunds and future compensation.

The start of the program comes as the DOT issued a new rule detailing when airlines owe travelers a refund.

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To change or cancel eligible flights, go to ‘My Trips’ and navigate to your itinerary. If you booked within the last 24-hours, you might be able to cancel your flight for free. Learn more about flight changes or cancellations from our customer service portal . Some plane tickets are available with no change fees, which you can filter for during your search.

Frequently asked questions

• The trick to having an amazing flight experience is to pack ahead. So, let’s start with the essentials: passport, official ID, cash and daily medications. Next, bring items that’ll help keep you entertained, like your laptop or a good book. It’s also smart to bring your chargers, a comfy neck pillow and a pair of earphones. And of course, be sure to toss in toiletries like a toothbrush, cleansing wipes and a clean T-shirt.
• While the list of banned items can differ between airlines, the general rule to follow is avoid carrying anything sharp, flammable or explosive. This includes things like screwdrivers, pocket knives, spray paint and flares. Sporting equipment like hockey sticks, and objects that could harm passengers, such as pepper spray and firearms, aren’t allowed in the cabin either.
• The answer to a comfortable flight can be as simple as your choice of clothing. Prepare for changes in temperature by bringing layers. This will keep you nice and warm if the cabin starts to cool down. Shoes like stilettos, flip flops and lace-up boots are best left in your suitcase. Even though they may be your favorites, go for flat, closed-toed footwear like slip-ons. Your feet will thank you for it.
• A condition by the name of DVT (deep vein thrombosis) is a potential risk on long-haul flights. It results from blood clotting due to inactivity and poor circulation. Walking up and down the aisle and doing leg and foot exercises in your seat is a great way to prevent this from happening. Wearing a good pair of compression tights or socks can also help.
• Your travel documents and ID will need to be presented to security personnel. Have them close by to avoid fumbling around for them.
• Your coat, belt, keys and other items in your pocket, like your earphones, will need to go on a tray through the X-ray machine. Make your life easier by removing them before your turn.
• For just a few minutes, you’ll have to unplug from the digital world. Your phone, laptop and any other electronic devices also need to be sent through the scanner.
• Remove liquids and gels from your hand luggage. They often need to be sent through the X-ray machine separately. Each product should be no larger than 3.4 ounces (100 milliliters) and everything must fit inside a single quart-size (one liter), clear zip-lock bag.
• There’s a possibility that you’ll be required to take your shoes off for scanning, so wearing slip-on sneakers is always a clever idea.
• Airlines won’t allow any sharp objects in the cabin. If you need to bring these kinds of items, pack them safely in your checked luggage.

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What consumers should know as Philips agrees to $1.1 billion CPAP settlement

Bill Chappell

The medical device maker Philips has agreed to a $1.1 billion settlement to address claims brought by thousands of people with sleep apnea who say they were injured by the company's CPAP machines. Smith Collection/Gado/Getty Images hide caption

The medical device maker Philips has agreed to a $1.1 billion settlement to address claims brought by thousands of people with sleep apnea who say they were injured by the company's CPAP machines.

Millions of CPAP sleep apnea machines made by the medical device maker Philips and a subsidiary were found to have a dangerous problem, triggering consumer lawsuits and a massive recall in 2021. Now, Philips has reached a $1.1 billion deal to settle claims from people who say they were injured. A portion of the funds will also go toward medical monitoring.

Some 15 million Philips CPAP and ventilator machines worldwide are affected by the Class I recall, a designation reflecting "a reasonable probability that the use of, or exposure to, the products will cause serious adverse health consequences or death," according to the Food and Drug Administration .

The devices were sold between 2008 and 2021 in the U.S. under the Philips Respironics brand, according to Philips' recall notice .

"Since April 2021, the FDA has received more than 116,000 MDRs [Medical Device Reports], including 561 reports of death," that were either reported or suspected to be related to problems with insulating foam in the Philips devices, the FDA said earlier this year.

"Philips and Philips Respironics do not admit any fault or liability, or that any injuries were caused by Respironics' devices," the company said as it announced the new settlement agreement.

Here's an overview of the recall and where consumers stand:

Settlement money will likely flow next year

The $1.1 billion deal — which includes $25 million for medical monitoring — stems from mediation by retired magistrate judge Diane M. Welsh, but it's not yet final, as the agreement must be filed with a federal court in Pennsylvania — a main state where the machines were produced.

Philips announced the new settlement on Monday, along with its first-quarter financial results. The Dutch-based corporation then saw its stock price vault to a likely one-day record gain, as investors welcomed news that the recall issue seems to have been resolved at a lower cost than analysts predicted.

"The remediation of the sleep therapy devices for patients is almost complete," said Roy Jakobs, CEO of parent company Royal Philips, in a statement. He added, "We do regret the concern that patients may have experienced."

"We are pleased to have reached a resolution" of personal injury claims, the plaintiffs' co-lead attorneys, Sandra L. Duggan; Kelly K. Iverson; Christopher A. Seeger; and Steven A. Schwartz, said in a joint statement to NPR.

The money will go to "users of the now-recalled CPAP and other respiratory devices who suffer from significant physical injuries," and to fund research into treating their injuries, the attorneys said. Philips says some 58,000 people have filed claims or registered for the settlement.

As for when consumers could see money from the deal, Philips said it expects to make the payments in 2025.

This isn't the only settlement

News of the personal injury settlement comes a week after Philips settled a class-action lawsuit over economic damages from the recall.

That settlement is worth a minimum of $613.3 million, including $94.4 million in attorneys' fees. It offers reimbursement to users and "payers" — e.g., insurance companies — for recalled machines they had bought or leased.

The deal was approved last Thursday by senior U.S. district judge Joy Flowers Conti in the federal Court in western Philadelphia. The judge had previously appointed Welsh to serve as mediator in the injury-related class-action suit.

Philips says it expects to pay that money out this year.

What can consumers do?

Under the financial-loss settlement, users are entitled to a $100 award if they return their recalled device by Aug. 9, 2024 — the claim deadline.

People who suspect they own or use one of the affected devices should act soon to verify that if they haven't already, the FDA says . The agency notes that Philips' recall page offers ways to check serial numbers and register a product.

A specially dedicated website is accepting claims for the financial-loss settlement , and it notes that taking part in that deal "does not affect or release any claims for personal injuries or medical monitoring relief."

Under the financial-loss settlement, users are also eligible for a payment for each recalled device they purchased, leased, or rented — and if they paid out of their own pocket to replace a recalled machine, they could be entitled to a device replacement award, according to the website.

The arrangement includes a prepaid shipping label, although the administrators also warn users to consult with their doctor before returning a device they're still using.

A similar claims process will likely emerge for the injury-related deal once its terms are finalized.

Defective machines can send particles, VOCs into airways

The recall was triggered by thousands of health complaints from CPAP users. An investigation found that a polyester-based polyurethane foam built into the devices to dampen sound and vibration also had a risk of breaking down — especially when used in warm and humid conditions.

"If the foam breaks down, black pieces of foam, or certain chemicals that are not visible, could be breathed in or swallowed by the person using the device," the FDA said.

The agency said in a letter to Philips in 2022 that the foam also "may degrade and/or emit harmful chemicals, potentially resulting in toxic and carcinogenic effects and other significant harms to device users," listing formaldehyde and other volatile organic compounds, or VOCs.

"Philips has acknowledged that, in a worst-case scenario, exposure to VOCs as a class may cause possible toxic and carcinogenic effects, as well as irritation of the respiratory tract, eyes, nose, and skin, nausea or vomiting, hypersensitivity reactions, dizziness, and headache," the FDA said.

Resulting problems "could potentially result in serious injury and may require medical intervention to prevent permanent injury," the agency said.

The plan to fix machines with the problem call for replacing the polyester-based foam with one that uses silicone as its base .

What is the current status of Philips CPAP machines?

U.S. sales of Philips' popular DreamStation and other respiratory units are currently on hold; the company says it plans to resume selling the devices once it has satisfied the terms of a consent decree with the U.S. government .

Philips also says it will continue to service units that are still in use, including by providing replacement parts.

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Lawsuits against the company contend that Philips designed its CPAP machine poorly and put it on the market without appropriate warnings.

The FDA accuses Philips of not taking appropriate action about the dangers of the degrading foam in its CPAP and ventilator devices despite learning about the risk as early as 2015. That year, the FDA said in a letter to the company, a Philips subsidiary began a preventative procedure because of complaints about the foam breaking down. The agency says it learned about the matter when the FDA inspected a manufacturing plant in Murrysville, Pa., in 2021.

When asked about the 2015 revelation, a company representative said the only documentation of the issue was a single email, with other communications handled over the phone, the FDA said in its letter.

What is sleep apnea, and how much do CPAP machines cost?

Sleep apnea is a disorder that prevents people from getting enough oxygen while they're sleeping — it's often characterized by long pauses in breathing, and loud snoring. People diagnosed with the disorder rely on continuous positive airway pressure, or CPAP, machines to keep their airways open and help them stay asleep.

Last June, the White House said President Biden was using a CPAP machine to help with sleep apnea.

Prices for many units range from around $500 to more than $1300.

"The average cost of a CPAP machine is about $800 among those we reviewed," the National Council on Aging said last year.

The recall also covers some models of Philips' more complicated BiPAP ventilators, which facilitate both inhalation and exhalation and routinely cost hundreds of dollars more.

Many apnea and ventilator devices' users also face additional costs, from replacements parts and upkeep to buying an additional machine for travel.

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