Written by David Shepardson
The Biden administration filed a lawsuit against Southwest Airlines on Wednesday, accusing the carrier of operating multiple chronically delayed flights and causing disruptions to passengers’ travel. The U.S. Transportation Department, along with the Justice Department, filed a civil suit in U.S. District Court in Northern California, alleging that Southwest Airlines had unrealistic schedules and should face maximum civil penalties.
The lawsuit stated that for five months in 2022, Southwest operated two chronically delayed flights: one between Chicago Midway and Oakland, California, and another between Baltimore and Cleveland. Transportation Secretary Pete Buttigieg emphasized that this action sends a strong message to all airlines about enforcing passenger protections.
In addition to Southwest Airlines, Frontier Airlines was fined $650,000 for operating multiple chronically delayed flights. Frontier Airlines will pay $325,000 initially and the remainder if they operate any chronically delayed flights in the next three years.
Southwest Airlines expressed disappointment in the lawsuit, citing that the incidents in question occurred more than two years ago. They highlighted their strong performance over the years, with over 20 million flights operated since 2009 and a cancellation rate of less than 1% in 2024.
Under USDOT rules, a flight is considered chronically delayed if it arrives more than 30 minutes late at least 50% of the time after being flown at least 10 times a month.
It remains unclear whether the incoming administration under President-elect Donald Trump would continue to pursue the lawsuit against the airlines.
In December 2023, Southwest Airlines agreed to provide $90 million in travel vouchers to passengers affected by delays during the December 2022 holiday season. This settlement was part of a USDOT agreement following the airline’s holiday meltdown.
USDOT recently imposed a $2 million penalty on JetBlue Airways for operating chronically delayed flights, marking the first such fine for this prohibited practice. JetBlue agreed to pay $1 million and provide vouchers to compensate affected passengers.
USDOT also sought feedback on whether it should mandate cash compensation for lengthy delays or cancellations caused by airlines in a recent announcement.
