Delta customers fight against tech outage lawsuit dismissal bid

Update:

• A group of Delta customers hit back after Delta asked a Georgia federal judge to dismiss a class action lawsuit alleging they incurred significant out-of-pocket expenses due to flight outages caused by the CrowdStrike software update on July 19. 
• Last year, Delta filed a motion to dismiss the case against it, arguing customers’ claims and requested relief are preempted by the Airline Deregulation Act of 1978, which broadly prohibits state law claims that would regulate carriers’ rates, routes or services.
• On Jan. 14, the plaintiffs filed a legal response, saying Delta was wrong to argue that the law bars their suit, saying it only restricts them from bringing claims over airlines’ state-imposed obligations and doesn’t apply to voluntary agreements between Delta and its customers, such as rebookings or reimbursements, which can be litigated in federal court.
• The CrowdStrike outage resulted in thousands of flight cancellations and delays, costing customers thousands of dollars, according to the Delta class action lawsuit.

Delta class action lawsuit overview:

• Who: Plaintiffs Arben Bajra, John Brennan, Asher Einhorn and Melanie Susman filed a class action lawsuit against Delta Airlines Inc.
• Why: They experienced significant out-of-pocket expenses due to Delta flight outages caused by the CrowdStrike software update on July 19, and Delta allegedly failed to adequately compensate them for their losses.
• Where: The Delta flight outages lawsuit was filed in Georgia federal court.

(Aug. 13, 2024)

The recent CrowdStrike outage resulted in thousands of flight cancellations and delays, costing customers thousands of dollars, according to a new Delta class action lawsuit.

On July 19, an automatic update to CrowdStrike’s cybercecurity software reportedly caused millions of computers running Microsoft Windows to crash. Many airports and airlines, including Delta, were affected by the issue.

The Delta class action lawsuit alleges more than 4,000 flight cancellations and 35,500 flight delays resulted from the CrowdStrike outage globally.

“By the end of the weekend, nearly every airline had managed to recover and resume normal operations,” the Delta flight outages lawsuit says. “Delta, however, did not resume normal operations.”

Plaintiffs Arben Bajra, John Brennan, Asher Einhorn and Melanie Susman each say they had flights affected by the Crowdstrike outage. The Delta class action lawsuit describes their challenges with flight cancellations, delays and how they scrambled to secure accommodations while waiting for flights home.

Delta flight outages continued for two weeks, plaintiffs claim

Although Delta reported its “operational reliability” returned to normal on July 25, the Delta class action alleges flight disruptions and cancellations continued for nearly two weeks after the initial CrowdStrike outage.

“The impact on Delta passengers was disastrous,” the Delta flight outages lawsuit says. “Delta’s failure to recover from the CrowdStrike outage left passengers stranded in airports across the country and the world and, in many cases, thousands of miles from home.”

Delta refused affected passengers’ requests for refunds for their canceled or delayed flights and refused to provide affected passengers with vouchers for meals, hotels and ground transportation, the plaintiffs allege.

The plaintiffs say they incurred thousands of dollars in out-of-pocket expenses to pay for hotel rooms, transportation, flights with different airlines, meals and other expenses.

Delta offered plaintiffs a $100 voucher to use toward future flights, or in some cases offered them refunds in an amount they say was far less than the amount they should have been entitled to receive.

They filed the Delta class action lawsuit on behalf of themselves and a proposed class of consumers in the United States who purchased Delta flights and sought to cancel their flights or had their flights canceled between July 19 and July 31, 2024.

The Delta flight outages lawsuit asserts claims for breach of contract, common law fraud, unjust enrichment and violations of various state laws.

The U.S. Department of Transportation has launched an investigation into Delta flight outages related to the CrowdStrike software update.

Were you affected by Delta flight outages caused by the CrowdStrike software update? Tell us about your experience in the comments.

The plaintiffs are represented by E. Adam Webb and G. Franklin Lemond Jr. of Webb Klase & Lemond LLC and Joseph G. Sauder, Joseph B. Kenney and Juliette T. Mogenson of Sauder Schelkopf.

The Delta flight outages class action lawsuit is Arben Bajra, et al. v. Delta Air Lines Inc., Case No. 1:24-cv-03477-MHC, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

Read About More Class Action Lawsuits & Class Action Settlements:

• Southwest Airlines lawsuit alleges airline used unrealistic schedules
• Passengers file new lawsuit over Alaska Air over door plug blowout
• JetBlue fined $2M over chronically delayed flights
• Delta hits CrowdStrike with lawsuit over system crash