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A Delta customer has filed a class action lawsuit challenging the airline’s alleged failure to offer refunds for flights canceled due to COVID-19.
The Delta ticket refund class action lawsuit was filed by Kevin Polk who says that on Dec. 27, 2019, he purchased four tickets from Morristown, Tennessee to San Jose, California. He says the tickets were purchased for a family trip, and he was scheduled to travel on May 24, 2020, returning home on June 7, 2020.
He says he purchased the tickets directly from the Delta website and paid a total of $2,319.96. He says he used his credit card, and claims that his purchase included preferential seating and “cancel for any reason insurance.”
Allegedly, after the news of the coronavirus broke, and it became clear that the virus was affecting travel worldwide, Polk contacted Delta. He says that he wanted to ensure that he would be able to receive a refund if his flight was canceled. According to Polk, this was confirmed by a Delta staff member, who said that he would be able to receive a full refund.
The Delta COVID-19 cancelation class action lawsuit then explains that on May 19, 2020, Polk received an email from Delta that his family’s flight to San Jose had been canceled by the airline. In the email, he was also informed that Delta was processing his “eCredit” which would appear in his “MyWallet within 7 business days.” According to Polk, the eCredit indicated that it would be valid for two years.
The Delta Airlines class action lawsuit says that Polk tried to seek a refund from Delta after receiving this email, talking through email, phone calls, and Twitter messages. However, he says that these efforts were unsuccessful.
Polk says that despite his request for a monetary refund, and assurances that he would receive one, Delta failed to provide a refund and instead gave him a less valuable alternative — credits that he could use on future Delta flights, only for two years.
According to Polk, this failure to refund tickets is a direct conflict with Delta’s own promises to customers. He says the airline promises to refund tickets if the airline cancels a flight and fails to operate a flight.
The Delta airline COVID-19 cancelation class action lawsuit goes on to state that U.S. law requires airlines to give refunds to customers if the airline cancels a flight. He notes that the Department of Transportation reminded carriers of this law during the coronavirus crisis, noting that many airlines were in the process of canceling or delaying flights.
Polk argues that Delta wrongly passed off the costs of the coronavirus onto its customers. He says the airline financially injured him and many other customers.
He says that he would not have agreed to purchase tickets, or would not have paid as much as he did for them, if they had known that they would not be able to receive refunds in the event that the airline initiated a cancelation.
The Delta flight cancelation refund class action lawsuit goes on to argue that it was entirely possible for Delta to have foreseen the need to cancel flights due to the coronavirus, given the U.S. Federal Government’s continued updates and guidelines around social distancing and prevention measures.
However, the airline allegedly stoped honoring contractual agreements “quietly” by not offering refunds. Polk says the airline actively misrepresents its contract by saying “in keeping with our longstanding policy” the airline will attempt to rebook a flight, offer a voucher, or will give a refund. However, the contract allegedly does not make any mention of a voucher. Polk stresses that the airline intentionally makes it very difficult for customers to obtain a refund, putting bureaucratic barriers and confusing online navigation in the way.
Delta has previously faced similar complaints from other travelers.
Have you had plane flights canceled due to the coronavirus outbreak? Were you offered a refund from your airline or travel site? Share your experiences in the comments below.
Polk is represented by Andrea Hirsch of The Hirsch Law Firm, Robert Ahdoot of Ahdoot & Wolfson PC, and by David R. Dubin and Nicholas A. Coulson of Liddle & Dubin PC.
The Delta Air Lines Failure To Refund Class Action Lawsuit is Kevin Polk v. Delta Air Lines Inc., Case No. 1:20-cv-02461-ELR, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.
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4 thoughts onDelta class action says passengers owed COVID-19 refunds
We had a trip to NOLA planned for April 2020. Flight was cancelled by delta airlines due to Covid pandemic. We were never offered a refund but a “credit”. Then in December 2022, I learned we had until the end of December 2022 to use said “credit”. We lost over $600! I specifically asked for a refund when flight was cancelled, then again a year later. I was denied both times.
Please ad me
I had travel booked with Delta to the Bahamas, on 5/5/2020 Delta cancelled due to COVID.
I had purchased 4 first class tickets with them, I had called to discuss prior to their cancellation and spoke with a representative back in April who told me “If I cancel I would get an E credit, if Delta cancelled, they would refund.” I had received a cancellation from the hotel, that the Bahamas was closing it’ s boarders through June.
This never occurred and I received an email saying that they never cancelled or show it was, that I was the one who did not take my flight, “Our records does not show any flight cancellations or delays from PHX to NAS on May 22, 2020 and NAS to PHX on May 28, 2020.”
I have the email evidence that they cancelled, they sent me a cancellation. They just don’t want to give me the money, and extending the credits past 2021 doesn’t help me.
I complained to the travel commission, and requested twice for the refund. Each time was given an automated email stating I was not going to get a refund but an E credit. Delta, who received a bail out, should not be penalizing passengers.
Extended stay in san dimas had a couple who had been there for 6 years and this past February or march the woman who was very much in shape and fit suddenly felt sick with shortness of breath and an inability to breath she was taken to hospital and died after her death, the hotel then closed her room and sealed it with a plastic and tape cover but not bothering to inform anyone in the hotel. This is all in the beginning of the corona virus epidemic I asked them numerous times about it and they lied to my face about the entire thing but I clarified it with her husband they gutted the room and haven’t rented it out but they still had a duty to inform the rest of the residents who were unaware of the entire thing. I was staying across the hall from them and there should have been some kind of notification because they had no problem taking my 550 dollars a week for the whole time that they were gutting the entire room. I stayed there for a year from last june 2019 and just recently left a month ago but never during the time I was there did they ever say anything about the death of previous guest and that she caught ill while she was at hotel and I spoke to her husband myself after incident which sounded just like they description that was being given by news during the start of pandemic.