Southwest Airlines Faces Lawsuit Over Delays

Southwest Airlines Faces Lawsuit Over Delays

Southwest Airlines Faces Lawsuit Over Delays

A couple of weeks back, JetBlue found itself in hot water with a hefty fine from the Department of Transportation (DOT) for operating flights that were about as reliable as a weather forecast in April. Well, it seems JetBlue isn’t alone in this haunted house of delayed departures, as Southwest Airlines now finds itself staring down the barrel of a lawsuit for similar missteps.

DOT Takes a Swing at Southwest’s Scheduling

This week, the DOT threw the legal book at Southwest, alleging that the airline has been running a shameful parade of chronically delayed flights, thus throwing a wrench into the travel plans of unsuspecting passengers. According to US Transportation Secretary Pete Buttigieg, this isn’t just a slap on the wrist; they’re seeking maximum civil penalties.

“As part of our commitment to supporting passenger rights and fairness in the market for airline travel, we are suing Southwest Airlines for disrupting passengers’ travel with unlawful chronic flight delays. 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.”

So, what exactly did Southwest do to tick off the DOT? Well, they allegedly made promises on flight schedules that were about as realistic as a unicorn sighting. The regulations state that airlines cannot boast about schedules that don’t reflect their actual on-time performance. The DOT claims this sort of unrealistic scheduling is not just annoying—it’s deceptive and anti-competitive, effectively ripping the rug out from under passengers who expect some measure of reliability.

Here’s the rule of thumb: If a flight is late more than 30 minutes over half the time for more than four months straight, that’s considered chronically delayed. If a flight operates at least 10 times a month and consistently falls behind schedule, it’s like showing up for a wedding an hour late, every single time. Unsurprisingly, cancellations count as delays too.

According to the investigation, between April and August of 2022, Southwest had two routes that fell into this chronically delayed category, resulting in a staggering 180 flight disruptions. The routes in question were from Chicago Midway to Oakland and from Baltimore to Cleveland, and lo and behold, Southwest was responsible for over 90% of those disruptions.

Now, it’s worth noting that airlines typically have a grace period to correct their schedules after a flight becomes chronically delayed. However, the DOT claims Southwest dropped the ball and didn’t adjust accordingly. So it looks like the proverbial dog has had its day, and Southwest is in a heap of trouble.

Southwest’s Counterattack

In true corporate style, Southwest has put out a statement to defend itself against these accusations. They’ve taken to the podium with a bit of bravado:

“Since DOT issued its Chronically Delayed Flight (CDF) policy in 2009, Southwest has operated more than 20 million flights with no other CDF violations. Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years. In 2024, Southwest led the industry by completing more than 99% of its flights without cancellation.”

It’s quite a performance, but it almost feels like a magician’s trick. They’re not really contesting the specific incidents of delay; they’re simply pointing to their overall reliability like a trophy on a crowded shelf. It’s a classic case of “Hey officer, I’m usually a pretty good driver” when you’ve just been pulled over for speeding.

Now, let’s get down to specifics. Looking at the infamous Southwest flight 1029—from Chicago Midway to Oakland—it’s not painting a pretty picture:

  • In April 2022, the flight was late 19 out of 25 times, averaging delays of over an hour.
  • In May, things didn’t get any better with 16 out of 27 trips arriving late, averaging an 80-minute wait.
  • For the next three months, being late was the only steady service they provided, and delays consistently exceeded an hour.

Given that only a microscopic fraction of these delays were caused by uncontrollable factors, Southwest’s scheduling decisions are looking incredibly shaky. Sure, we can debate how much leeway an airline should get if it generally maintains a decent on-time performance, but the DOT seems to be sticking to its guns here. With JetBlue’s fine in the rearview, the DOT appears determined to set a precedent.

Wrapping It Up

In summary, the DOT is gunning for Southwest for consistently putting passengers through the wringer with chronic delays. We’re talking about two particularly troublesome routes from the summer of 2022, where flights played a nasty game of hide and seek with punctuality. And just like JetBlue, Southwest’s credibility is now in question due to its scheduling practices.

So, what’s your take on the DOT taking Southwest to court over these chronic delays?

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