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A recent Delta class action lawsuit argues that the airline should give consumers refunds for canceled flights instead of credits.
Plaintiff Elliot Daniels notes that the “unprecedented” hardships associated with the COVID-19 pandemic have resulted in significant travel restrictions for nearly nine in 10 Americans.
In addition to shelter in place orders, international travel has been restricted by authorities around the world. Even if consumers are not prohibited by authorities from traveling, Daniels notes that passengers may choose to cancel their travel plans in order to protect themselves and others.
As a result of travel restrictions and mass cancellations, airlines such as Delta have reportedly canceled flights for thousands of passengers. Delta reportedly announced in March that it would cancel 70 percent of their flights and ground more than 600 aircrafts in light of the outbreak.
Despite the significant financial strains facing airline passengers, Delta allegedly refuses to provide monetary refunds to their consumers for canceled flights. Instead, the airline choses to rebook consumers or provide travel vouchers.
Has your flight been canceled without a refund during the COVID-19 crisis? Get legal help by clicking here.
“The need for monetary refunds over travel vouchers is pressing now,” Daniels argues in his Delta class action lawsuit.
“Travel vouchers provide little security in this public crisis, particularly where many individual Americans need money now to pay for basics like food and rent, not restrictive, temporary credits towards future travel.”
On Feb. 20, Daniels reportedly purchased four round trip tickets for an April 1 trip between Washington Dulles International Airport and Cairo, Egypt. The plaintiff says he purchased the tickets for a $3,090.22 through Delta’s OneTravel.com agent.
On March 11, Daniels was allegedly informed that his flight was cancelled. When he called OneTravel as requested, the company reportedly told him that he had only two options. First, he could rebook his trip with a new departure date of March 31. Second, he could cancel his flight and receive a refund.
Despite choosing to rebook his flight, Delta reportedly canceled the new flight. Based on this cancelation, Daniels says that he contacted OneTravel and requested the refund which was offered to him just days before. However, his request was rejected. Instead of a refund, Daniels was allegedly offered a voucher available for travel for within one year of his original booking date. Daniels says he attempted to contact Delta directly and ask for a refund but was denied.
“As Delta announced flight cancellations (combined with decreased domestic bookings), Delta took a variety of steps to make it difficult, if not impossible, for consumers to receive any refund on pandemic cancelled flights,” the Delta class action lawsuit argues.
“Defendant wanted to retain the money paid to Defendant, given the severe economic losses it is incurring related to pandemic flight cancellations.”
Daniels notes that Delta has no reason to deny refunds to consumers.
Although these refunds would be significant, the company has allegedly received $58 billion in aid from the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Daniels argues that this “faucet of taxpayer money” makes consumer refunds reasonable.
“Delta has engaged in unfair and deceptive conduct through its policy to refuse refunds, limiting and forcing customers into a rebooked flight or travel voucher instead of returning their money,” the Delta class action lawsuit argues.
According to Daniels, he and other consumers assumed they would get a refund if they were forced to cancel their flights.
Even though the COVID-19 pandemic is associated with unprecedented concerns, Daniels argues that he and other consumers deserve refunds as they reasonably expected.
“At the time of his ticket purchase, Plaintiff understood that he would be entitled to a refund if his flight was cancelled and Plaintiff was actually deceived by Delta regarding his right to a refund and his options following Delta cancelled flights,” the Delta class action lawsuit claims.
“Plaintiff seeks a refund because he does not know when or if he will be able to use a travel voucher.”
Several other airlines have faced similar allegations from passengers. Southwest Airlines, Volaris and United Airlines have all been hit with class action lawsuits alleging that consumers are being denied refunds for flights cancelled due to the coronavirus.
Daniels is represented by William S. Stone and James W. Stone of The Stone Law Group – Trial Lawyers LLC and Steve W. Berman, Daniel J. Kurowski, and Whitney K. Siehl of Hagens Berman Sobol Shapiro LLP.
The Delta Flight Refund Class Action Lawsuit is Daniels v. Delta Air Lines Inc., Case No. 1:20-mi-99999-UNA, in the U.S. District Court for the Northern District of Georgia.
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