February 16, 2025
USDOT Sues Southwest Airlines Over Chronically Delayed Flights

USDOT Sues Southwest Airlines Over Chronically Delayed Flights

The U.S. Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines for operating multiple chronically delayed flights.
Photo Credit: Southwest Airlines

The U.S. Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines over illegal flight scheduling practices that caused significant passenger disruptions.

The lawsuit targets Southwest’s operation of multiple flights with persistent delays. This is a practice that undermines fair competition and passenger convenience in the airline industry.

The DOT is pursuing maximum penalties in this case, highlighting the severity of these violations. This case follows the Department’s first-ever penalty for chronic flight delays, when it fined JetBlue Airways $2 million earlier this month.

Transportation Secretary Pete Buttigieg emphasized, “We’re taking legal action against Southwest Airlines to protect passengers from unreliable flight schedules that disrupt their travel plans.”

“Airlines must provide realistic scheduling, and this lawsuit demonstrates our commitment to enforcing passenger protections through legal channels when necessary. This action reinforces our dedication to maintaining integrity in air travel services.”

In a related action, DOT penalized Frontier Airlines for similar scheduling violations. Frontier faces a $650,000 fine, with half payable immediately to the U.S. Treasury and the remainder suspended pending three years of compliance with scheduling requirements.

This enforcement action demonstrates DOT’s broader effort to address systemic scheduling issues across the airline industry.

A Southwest Airlines B737 on the taxiway
Photo Credit: Southwest Airlines

Federal Regulations on Flight Scheduling


Airlines must adhere to federal regulations requiring accurate flight schedules that reflect real departure and arrival times.

Publishing unrealistic schedules constitutes an unfair and deceptive practice that harms both passengers and market competition. These practices can lead to missed connections, disrupted travel plans, and significant inconvenience for travelers who rely on accurate scheduling information to plan their journeys.

Definition of ‘Chronic Delays’

A flight becomes “chronically delayed” when it operates at least 10 times monthly and arrives over 30 minutes late more than half the time for four consecutive months. This definition includes cancellations and diversions, providing a comprehensive measure of airline reliability and schedule adherence.

Photo Credit: Stephen M. Keller

DOT Investigation Findings


DOT investigators discovered Southwest operated two chronically delayed routes between April and August 2022: Chicago Midway to Oakland and Baltimore to Cleveland.

These flights disrupted passenger travel 180 times, with each route experiencing consistent delays for five consecutive months. The persistent nature of these delays suggests a systematic failure to address known scheduling problems.

According to Bureau of Transportation Statistics data submitted by Southwest, the airline was responsible for over 90% of these delays.

This high percentage indicates that the delays were largely within the airline’s control rather than due to external factors such as weather or air traffic control issues.

DOT regulations allow airlines time to address chronically delayed flights and avoid unrealistic scheduling violations. However, Southwest failed to correct these persistent scheduling issues despite having ample opportunity to do so.

Summary


The Department of Justice joined DOT in filing the lawsuit against Southwest in the U.S. District Court for the Northern District of California.

This joint action underscores the federal government’s commitment to protecting consumer rights and maintaining fair practices in the airline industry.

The case represents a significant step in enforcing accountability for airlines that fail to meet their scheduling obligations to passengers.

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