There’s already a class action lawsuit against Southwest Airlines over its operational meltdown. It’s not customers suing for missing their loved ones over the holidays, failing to make important surgery appointments, or breaking up marriages because of the stress at the airport.
Instead, the claim is that Southwest Airlines is refusing to refund some passengers. The debacle only happened a week ago. Maybe people should wait for Southwest to fail to refund tickets because suing them for failing to refund tickets?
- Anyone whose flight was cancelled is entitled to a refund. Period.
- Southwest doesn’t dispute this.
- And they’re promising to reimburse reasonable documented costs for hotel, meals, and alternate transportation.
- Customers have even been receiving 25,000 Rapid Rewards points as an apology.
The main plaintiff here claims he could only get a flight credit for a December 27 connecting flight from New Orleans to Portland. If both flight segments operated, and they chose not to travel, that’s plausible – although the odds of both flights operating on a day when two thirds of the airline’s schedule was dumped proactively seem low.
Someone who bought a United Airlines ticket may get that ticket reimbursed and get their Southwest ticket refunded. Maybe that doesn’t make up for the hassle, but they could come out cash positive.
To be sure, that wasn’t Southwest’s initial position. But they quickly found religion once Mayor Pete went on TV. Here’s a front line employee disputing Southwest was obligated to do anything early on:
Flight cancelled. No flight for three days. No voucher, no compensation. #Southwest says it's not subject to Department of Transportation when cancelling. pic.twitter.com/IsSGOT6x5U
— b (@thelamiam) December 26, 2022
Here’s the thing. An airline agent isn’t the final word. If a customer submitted a request for a refund of a cancelled flight and was denied that would be one thing. It’s probably an error, and errors will happen given the volume of requests they’re processing. That is what responding to the mistaken denial is for.
If errors are systematic there could be a lawsuit. But it’s only been a week there hasn’t been an opportunity to fail to reimburse very many people yet.
I’m all for suing airlines. I suggested it as the best way to get a refund from Air Canada. I have argued for years that common law contract claims against the airlines need to be permitted. I just figure we ought to give airlines an opportunity to actually do the thing you’re suing over before actually filing suit.
(HT: @crucker)
God I hate ambulance chasers and the American civil court system of always looking to sue is pathetic. Stuff happens people – get over it. Don’t always look for deep pockets with your hand out! The entire system needs to be reformed to do away with class action suits and out caps on all damages (low enough it wouldn’t incent an attorney to chase a payout)
How much in advance did we know this once in a 100 year event bomb cyclone was headed our way? And yet many people booked flights on Christmas Eve. Everyone knows you give yourself an extra day or two when flying to build in slack because there will be problems on a holiday. Gary keeps whining about “ruined lives, vacations, marriages etc” and so what!!?? How about a little personal responsibility? Weather happens people, it’s not some nefarious conspiracy to deny you Christmas, you’re poor planning did that. I’m 63 years old and never have I lived through an era where the default thinking is “it’s someone else’s fault. Pathetic!
And yes, I’m fun at parties…..
Well AC, Texas republicans did that here with “lawsuit reform” years ago.
Cue the constant screaming from everyday republicans shouting
“but my lawsuit was legit! This crappy doctor killed my spouse! This evil company cut corners and killed my child!” The funniest laments were from doctors complaining about the promises that their malpractice rates would go down.
They didn’t LOL!
Anyone who is not a multiple millionaire who trusts a republican is going to get screwed. I don’t know how they keep getting reelected.
Oh yea, they do come up with great
misleading slogans…..
Class action is much too soon. This was an epic fail on Southwest’s part for sure but it’s going to take some time to get money back to people. Folks are going to need as much patience now as they did over the past week and a half.
Sure the wait for refund is going to suck…even more so because folks are angry…but they’ll get their refund just like those on Reddit bragging about how they plan to scam Southwest with lies about having about having Rolex watches and high value items in luggage that has gone missing.
You’ve probably seen this already, but WN sent me an email today (I was impacted by a cancelation DAL-DEN-DAL), offering 25K miles. Had to send in a code to a special website to “claim” my points. They were loaded within 2 hours.
Sure…ya know…I am sure that garbage airline can be trusted to do the right thing.
The southwest dumpster fire is going bankrupt. Best get your lawsuit in now.
I mean most people had to pay thousands of extra dollars to get home after SW abandoned them.
Sue them right out of business now.
JorgeGeorgePaez I’m so old I remember you joining this blog and making meaningful, non-political comments. And appreciating Gary’s blog, certainly without personal attacks. Gary doesn’t whine.
I agree with your point about adding “cushion” time, but that’s not a choice for many/most people trying to manage holiday travel plans within time restrictions.
Have a happier new year, sir.
Well, depends on the specific case actually. We were on an American flight that made a “Precautionary Emergency Landing” after an engine caught fire…..and AA marked all tickets for pax on that flight as “used” so neither Cust Serv or gate reps could rebook us onto another flight (the computer said “no, the ticket was already used”, and you cant argue with the computer…the CS and gate reps were trying hard, but AA system preventedany assistance to those of us deposited half way across the country from our destination. ..had to pay our own way the remaining 1,000 miles to the original destination. At that point, there’s not much “you should wait and see what they will do”…the “what” was already done.
@Jim Wearn – yes I mention the 25k in the post, it went to folks who were cancelled on and didn’t reschedule
It’s the new American Way. The lead plaintiff in the Class Action gets the riches (well, the lawyers to do) and everybody else gets a few bucks, and the airline does the right thing, anyways. It was pretty unprecedented for them to come out and say they were going to pay for everything and “save your receipts”…usually the airline says stuff like “refer to your contract of carriage”, which is really all they have to do anyways.
Hey, if they failed to provide the service, dispute it with your credit card company to protect yourself, then you don’t pay until it’s resolved (and the airline doesn’t get your money either), then, when it’s resolved, nothing else has to happen.
The other refunds, yeah, that will take some time, but not as long as a class action lawsuit. They gotta go thorough all the receipts and make sure folks didn’t stay for a week at the Four Seasons because their $39 one-hour flight was canceled. Legit claims will be paid, those trying to take advantage should not be. And sometimes those are the loudest ones.
An “airline agent isn’t the final word” is such BS and it’s so sad to see you endorse it.
It’s high time that the US Government held airlines to the same standard as any other business, like mine, and make airline employees accountable — whatever they say it’s a contract, not an opportunity to lie, lie. lie and lie some more.
Yes, the apparent authority doctrine. It really should apply especially if the agent is giving firm answers.
I’m owed a refund from March 2020 from Aeromexico. I still haven’t gotten it.
The airlines already pay someone to do PR. No need for you to do it for them.
They should have the operational capability to issue refunds within 24 hours just like they take payments.
A lot of these people simply want a credit card refund on a carrier cancelled flight (Me included). They have seven business days, not a rainbow 8 or a unicorn 9… SEVEN.
No bank is going to allow you to suspend a transaction from August for. December flight so put that crackpipe down.
Better to sue earlier… I filed with DOT and SWA is still dragging their feet. No thanks, I’m on the right trail.