The Biden administration has filed a lawsuit against Southwest Airlines, accusing the airline of operating flights with chronically delayed schedules, causing significant disruption to passengers’ travel plans. The U.S. Department of Transportation (USDOT) initiated the civil suit in U.S. District Court in Northern California, seeking maximum civil penalties for the Texas-based carrier’s actions.
The lawsuit targets two specific routes, which were consistently delayed for five months in 2022: one between Chicago Midway and Oakland, California, and another between Baltimore and Cleveland. According to the USDOT, these delays resulted from Southwest’s unrealistic scheduling practices.
Transportation Secretary Pete Buttigieg emphasized the seriousness of the lawsuit, stating, “Today’s action sends a message to all airlines that the department is prepared to go to court in order to enforce passenger protections.”
In a related matter, the USDOT also fined Frontier Airlines $650,000 for operating chronically delayed flights. Frontier will pay $325,000 immediately and the remainder if it operates any such flights in the next three years.
Southwest Airlines, however, expressed disappointment over the lawsuit, pointing out that these delays occurred more than two years ago. The airline also defended its overall performance, highlighting that it completed more than 20 million flights since 2009 without similar violations. Southwest stated, “In 2024, we led the industry with more than 99% of our flights completed without cancellation.”
Under USDOT regulations, a flight is deemed “chronically delayed” if it is late by more than 30 minutes at least 50% of the time and operates at least 10 times a month. This lawsuit follows a broader trend of penalties against airlines for operating poorly scheduled flights.
In December 2023, Southwest agreed to provide $90 million in travel vouchers to passengers affected by delays during the holiday season in 2022. Meanwhile, USDOT imposed a $2 million penalty on JetBlue Airways for operating chronically delayed flights between various domestic routes.
The USDOT continues to review whether new regulations should be introduced to ensure airlines compensate passengers for lengthy delays and cancellations.
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