Eric Capdeville of Marrero, Louisiana, seeks to represent himself and “all others similarly situated” in a class-action complaint for breach of contract, according to the court filing.
Although Southwest Airlines is based in Texas, the suit was filed in Capdeville’s state because that was where “a substantial part” of related events occurred, the filing states.
Because of the airline’s cancellations, people like Capdeville “cannot use their tickets through no fault of their own, and they are not getting the benefit of their bargain with the defendant,” the suit says.
Southwest Airlines didn’t respond by press time to a request by The Epoch Times for comment on the lawsuit.
“There are several high priority efforts underway to do right by our customers, including processing refunds from canceled flights, and reimbursing customers for expenses incurred as a result of the irregular operations.”
If a judge certifies the case as a class action, the suit could potentially represent “tens of thousands if not hundreds of thousands” of plaintiffs from across the United States, the lawsuit says.
The law firm that filed the suit, Jim S. Hall & Associates of Metairie, Louisiana, says the case meets the criteria for a class action, including an “amount in controversy” exceeding $5 million.
Credit, Not Refund?
Capdeville and his daughter had planned to catch a Dec. 27, 2022, flight in New Orleans. They then were to board a connecting flight in Phoenix that would have taken them to their destination: Portland, Oregon.But the pair’s departure had been scheduled amid a chaotic period for Southwest, which struggled far more than other U.S. airlines in the wake of a powerful winter storm.
Between Dec. 23 and Dec. 28, more than 14,500 Southwest flights were canceled, the lawsuit notes.
The airline, which usually operates 3,000 to 4,000 daily departures during peak travel seasons, initially blamed its massive cancellations on foul weather. However, it later acknowledged that its outdated computer system buckled under the demands of numerous schedule revisions that were needed during the storm.
A Southwest Airlines ground operations crew member waits to guide an arriving jet into a gate at Sky Harbor International Airport in Phoenix on Dec. 28, 2022. (Matt York/AP Photo)After hearing about Southwest’s troubles on the news, Capdeville checked the status of his planned flight and discovered that it, too, was canceled.
The airline “could not offer any comparable accommodations on another flight,” the lawsuit says, then offered Capdeville “a credit for use on a future flight” instead of a refund.
Yet Southwest’s own policy “mandates refunds in this situation as well as full compensation for incurred costs,” the lawsuit says.
“Southwest’s failure to provide prompt refunds for canceled flights violates not only its contract of carriage but also federal law,” the lawsuit alleges.
Such a contract details the rights and responsibilities of the ticket holder and the airline that issued the ticket. That contract governs “every Southwest passenger air travel ticket,” the lawsuit says.
Southwest Calls for Staff Help
In a notice posted to its website, the airline says that teams have worked around the clock to handle the fallout from the debacle, including processing refunds.The Epoch Times obtained an internal email message that offers a glimpse at the airline’s efforts to wade through a flood of refund requests under the pressure of a federal deadline.
On New Year’s Day, the airline sent a companywide appeal to employees, seeking “volunteers” to help the Customer Experience and Engagement office (formerly known as customer relations) to process refunds, according to the message.
“The clock is ticking,” the message said, noting that the U.S. Department of Transportation requires the airline to issue a refund within certain time limits.
For credit card purchases, airlines must issue refunds within seven days of request; a processing time of up to 20 days is allowed for customers who paid by cash or check.
Southwest employees who volunteered for refund-processing duties didn’t need prior related experience, the company email said. But the volunteers were required to attend a four-hour, in-person training session at the airline’s Dallas headquarters before beginning to assist customers. The message said five such sessions were set for Jan. 2; more would be added if needed.
The employee who disclosed the message to The Epoch Times reported no similar calls for help as of Jan. 4.
Transportation Secretary Pete Buttigieg has talked with Southwest CEO Bob Jordan, reminding him of the airline’s obligations to its customers. His department has announced an investigation into the airline’s late December 2022 failure.
