The U.S. Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines, accusing the airline of illegal practices by operating chronically delayed flights.
The suit announced Wednesday alleges that Southwest's unrealistic scheduling disrupted passengers' travel and violated federal regulations. The DOT seeks maximum civil penalties, though a specific amount has not been disclosed.
What Does the DOT's Lawsuit Allege?
The lawsuit alleges that Southwest Airlines engaged in an illegal and deceptive practice by operating flights with chronic delays. Federal regulations prohibit airlines from publishing flight schedules that do not realistically reflect actual departure and arrival times. The DOT accuses Southwest of violating these rules by failing to address two flights that were consistently delayed for five consecutive months, from April to August 2022.
The flights in question—one between Chicago Midway International Airport and Oakland, California, and the other between Baltimore, Maryland, and Cleveland, Ohio—resulted in 180 disruptions. The Bureau of Transportation Statistics determined that Southwest was directly responsible for more than 90 percent of the delays on these routes during the specified period, according to the lawsuit.
How Much Money Is the DOT Seeking From the Lawsuit?
While the DOT has announced it will seek "maximum civil penalties" against Southwest, the department has not provided a specific dollar amount. The penalties aim to enforce passenger protections and discourage other airlines from engaging in similar deceptive scheduling practices.
What Did Transportation Secretary Pete Buttigieg Say About the Lawsuit?
Transportation Secretary Pete Buttigieg emphasized the importance of passenger rights and fair competition in the airline industry, saying:
"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."
Buttigieg added that the DOT is prepared to take legal action to enforce passenger protections and ensure compliance with federal regulations.
Why Is Frontier Airlines Being Sued?
The DOT fined Frontier Airlines $650,000 for operating multiple chronically delayed flights in a related enforcement action. Of this amount, $325,000 is to be paid to the U.S. Treasury, while the remaining $325,000 will be forgiven if Frontier avoids operating chronically delayed flights over the next three years.
The DOT highlighted that unrealistic scheduling disrupts passengers' travel plans, denies them reliable scheduling information and creates unfair competition by misleading consumers. Airlines are given sufficient time to address issues with delayed flights, but both Southwest and Frontier failed to comply with these rules, according to the DOT.
Southwest defended its record in a statement, noting that the airline has operated more than 20 million flights without any other violations of DOT's Chronically Delayed Flight (CDF) policy since it was introduced in 2009. Frontier Airlines declined to comment on the fine.
What's Next
The lawsuit against Southwest Airlines will proceed in the U.S. District Court for the Northern District of California. The outcome could establish precedents for stricter enforcement of passenger protection laws and more accountability for airlines in managing their flight schedules.