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DOT files lawsuit against Southwest Airlines for chronic flight delays

Research
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Christine Gallipeau Senior editor | The Points Guy

The Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines, alleging the airline operated "chronically delayed flights." The lawsuit claims that Southwest ran two routes with a total of 180 delays between April and August 2022. According to the DOT, a flight is considered "chronically delayed" if it operates at least ten times monthly and arrives over 30 minutes late more than half the time.

Transportation Secretary Pete Buttigieg stated, "Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times." He added that this action serves as a warning to all airlines about enforcing passenger protections.

The lawsuit highlights two specific routes: one between Chicago's Midway International Airport and Oakland International Airport in California, and another between Baltimore/Washington International Thurgood Marshall Airport and Cleveland Hopkins International Airport. The DOT noted that Southwest was responsible for over 90% of these delays, excluding factors like inclement weather.

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Southwest expressed disappointment over the lawsuit concerning flights from over two years ago. The airline pointed out its compliance since 2009 when the "chronically delayed flight" policy was implemented by the DOT. A statement from Southwest emphasized their performance record: "In 2024, Southwest led the industry by completing more than 99% of its flights without cancellation."

While Frontier Airlines faced fines up to $650,000 for similar violations, they were not sued. Instead, they must pay $325,000 immediately and an additional $325,000 will be suspended if no further violations occur within three years.

Earlier this month, JetBlue was fined $2 million for four chronically delayed flights. However, it's unclear why only Southwest faces a lawsuit while others received fines. A spokesperson did not respond to requests for clarification.

In an earlier interview with TPG last year, Buttigieg mentioned ongoing investigations into airlines' scheduling practices. He urged carriers to avoid publishing unrealistic schedules for competitive advantages or market share gains.

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