Southwest Airlines lawsuit alleges airline used unrealistic schedules

Southwest lawsuit overview:

• Who: The U.S. Department of Transportation filed a lawsuit against Southwest Airlines.
• Why: The government claims Southwest Airlines harmed consumers by using unrealistic flight schedules.
• Where: The Southwest delays lawsuit was filed in a California federal court.

The U.S. Department of Transportation (DOT) is suing Southwest Airlines over claims the airline harmed consumers by marketing its flight using unrealistic flight schedules. 

The agency claims Southwest failed to adjust schedules for flights that were consistently late, which the government argues caused “significant” harm to its customers and violated federal law. 

“When an airline knows that a particular flight is consistently late, it is essential that the airline adjusts its schedule,” the DOT says in the Southwest lawsuit. 

The DOT cited Southwest’s Flight 1029 from Chicago, Illinois, to Oakland, California, a route the agency claims was late by an average of more than an hour as often as 19 out of 25 times in April 2022. 

Despite this, the government argues Southwest did not adjust the schedule for Flight 1029 and that it continued to experience delays for several months. 

The agency also cited a Southwest flight from Baltimore, Maryland, to Cleveland, Ohio, that it claims was late more than half the time for at least five consecutive months. 

DOT argues Southwest delays violated Federal Aviation Act 

The DOT argues Southwest violated the Federal Aviation Act’s prohibition on unfair or deceptive practices or unfair methods of competition in air transportation.

The agency regulation prohibits unrealistic scheduling and the holding out of chronically delayed flights for more than four consecutive months.

“Holding out these chronically delayed flights disregarded consumers’ need to have reliable information about the real arrival time of a flight and harmed thousands of passengers traveling on these Southwest flights by causing disruptions to travel plans or other plans,” the Southwest lawsuit says. 

The DOT is seeking declaratory relief and an award of civil penalties; it said the claims were brought to ensure Southwest “does not engage in unrealistic scheduling and hold out chronically delayed flights in the future.” 

In other Southwest news, a California federal judge granted class certification last September to  a class action lawsuit filed against the airlines over claims it illegally penalized flight attendants who took family or medical leave. 

Have you been injured by Southwest delays? Let us know in the comments.

The Southwest lawsuit is United States of America, et al. v. Southwest Airlines Co., Case No. 4:25-cv-00515, in the U.S. District Court for the Northern District of California.

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