The US Department of Transportation (DOT) and the United States announced a lawsuit against Southwest Airlines on Wednesday for unlawfully operating several flights that are frequently delayed and interfering with passengers’ travel.
On the same day, DOT declared that Frontier Airlines had been hit with $650,000 in civil fines for running several flights that were consistently delayed.
Unrealistic scheduling is unfair and deceptive
US Federal regulations ban airlines from providing flight itineraries that do not reflect actual departure and arrival times. It is considered an unfair, deceptive and anticompetitive conduct that upsets passengers and allows airlines to unjustly win business by misleading customers.
The complaint filed by the US Department of Transportation against Southwest Airlines stated that when an airline knows that a specific flight is routinely late, it must change its schedule.
A chronically delayed flight is defined as a domestic flight that operates at least ten times per month and arrives more than 30 minutes late (including canceled flights) more than half of the time.
According to the DOT, offering a chronically delayed flight for more than four consecutive one-month periods constitutes unrealistic scheduling and is an unfair or misleading activity, as well as unfair competition.
DOT is ready, willing and able to take airlines to court
US Transportation Secretary Pete Buttigieg announced that, as part of the DOT’s commitment to promoting passenger rights and fairness in the airline travel market, it is suing Southwest Airlines for interrupting passengers’ travel with unlawful chronic flight delays. Buttigieg added:
“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times. 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 October 2022, the Department of Transportation’s Office of Aviation Consumer Protection (OACP) launched an investigation to establish whether Southwest Airlines engaged in an unfair or deceptive activity, as well as unfair competition, by repeatedly delaying flights for more than four months. The OACP discovered two flights that violated regulations.
Southwest promised but could not deliver
Southwest operated a chronically delayed service between Chicago Midway International and Oakland from April to July 2022. The service ran as flight 1029 in April and May, then flight 1767 in June and July.
- In April, flight 1029 was more than 30 minutes late on 19 of 25 trips, for an average of 74 minutes.
- In May, flight 1029 was more than 30 minutes late on 16 of 27 trips, for an average of 80 minutes.
- In June, flight 1767 was more than 30 minutes late on 19 of 26 trips, for an average of 87 minutes.
- In July, flight 1767 was more than 30 minutes late on 17 of 26 trips, for an average of 69 minutes.
The second route was from Baltimore, Maryland to Cleveland, Ohio, which ran as flight 1614 in April and May and flight 2556 in June, July, and August.
- In April, flight 1614 was more than 30 minutes late on 22 out of 26 trips, by an average of 66 minutes.
- In May, flight 1614 was more than 30 minutes late on 19 out of 27 trips, by an average of 70 minutes.
- In June, flight 2556 was more than 30 minutes late on 19 out of 29 trips, by an average of 96 minutes.
- In July, flight 2556 was more than 30 minutes late on 17 out of 31 trips, by an average of 69 minutes.
These two chronically delayed flights caused 180 flight interruptions for passengers between April and August 2022, with each flight being delayed for five months in a row.
According to the complaint, by providing these flights, Southwest disregarded consumers’ need for trustworthy information about a flight’s actual arrival time and damaged thousands of travelers by disrupting travel or other plans.
According to data given to DOT by Southwest, the Bureau of Transportation Statistics estimates that the airline was responsible for more than 90% of the interruptions on the two chronically delayed flights.
However, DOT guidelines provide airlines enough time to adjust their schedules if a flight is chronically delayed, but Southwest did not do so, which is why the DOT is pursuing the maximum civil fines authorized by law.
FAQ
Why did the US DOT sue Southwest Airlines?
The US Department of Transportation (DOT) sued Southwest Airlines for allegedly engaging in ‘illegal’ scheduling practices. The airline is accused of scheduling more flights than it could handle, resulting in widespread flight cancellations and delays. This practice affected passengers’ rights and violated federal regulations concerning flight operations.
What are the allegations against Southwest Airlines?
The US DOT claims that Southwest Airlines overscheduled its flights without considering its operational capabilities, leading to substantial delays and cancellations. This resulted in significant disruptions for passengers, violating the airline’s obligations to maintain reliability and transparency in its flight schedules.
What actions is the US DOT taking against Southwest Airlines?
The US DOT is seeking legal action against Southwest Airlines for failing to comply with federal rules related to flight operations. The department is demanding that the airline face penalties and be held accountable for the scheduling practices that caused significant disruptions in air travel.
How has Southwest Airlines responded to the lawsuit?
Southwest Airlines has stated that they are reviewing the lawsuit and are committed to improving their scheduling practices. They have acknowledged the challenges faced during the peak travel seasons and have vowed to implement better measures to avoid such disruptions in the future.
What penalties could Southwest Airlines face from the lawsuit?
If found guilty, Southwest Airlines could face significant financial penalties imposed by the US DOT. These could include fines and additional regulatory measures to ensure better scheduling and operations. Additionally, the airline may be required to provide compensation to affected passengers.
