Status: In progress

Capdeville, et al. v. Southwest Airlines Co.

The plaintiff claims Southwest violated federal law by allegedly not providing prompt refunds to customers affected by thousands of flight cancellations in late December.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Abraham Jewett  |  January 3, 2023

Category: Legal News

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Close up of Southwest logo on the tail of a plane - refund class action
(Photo Credit: StacieStauffSmith Photos/Shutterstock)

Southwest refund class action lawsuit overview: 

  • Who: Eric F. Capdeville filed a class action lawsuit against Southwest Airlines. 
  • Why: Capdeville claims Southwest violated federal law by allegedly not providing prompt refunds to customers affected by its thousands of flight cancellations in late December. 
  • Where: The class action lawsuit was filed in Louisiana federal court. 

Southwest Airlines violated federal law by allegedly failing to provide customers with a prompt refund following thousands of flight cancellations late last month, a new class action lawsuit alleges. 

Plaintiff Eric F. Capdeville says Southwest initially blamed weather for the cancellations, which began Dec. 23.

However, Southwest CEO Bob Jordan confirmed the cancellations were a result of the airline needing to update its legacy systems, and the Department of Transportation would confirm the cancellations were “a result of Southwest’s decisions and actions,” according to the Southwest class action.

“Southwest’s Contract of Carriage mandates refunds in this situation, as well as full compensation for incurred costs and resultant cancellations for the failure of the carriage contract,” the Southwest class action states. 

Airline suggested affected customers submit receipts, Southwest refund class action states

Southwest’s response to the “internally created crisis” was simply to “suggest” customers submit their receipts for flight cancellations that occurred between Dec. 24, 2022, and Jan. 2, 2023, to be given “consideration reimbursement,” according to the class action. 

Capdeville wants to represent a nationwide class of consumers who purchased a ticket for a canceled Southwest airlines flight that was scheduled to fly starting Dec. 24, 2022, and who did not receive a refund or reimbursement for subsequent costs incurred. 

Capdeville demands a jury trial and requests injunctive and declaratory relief, along with an award of actual compensatory damages for himself and all class members. 

A consumer filed a separate class action lawsuit against Southwest last year, arguing the airline fails to refund U.S. Transportation Administration fees to passengers who don’t use their tickets.

Were you affected by a Southwest flight cancellation in late December? Let us know in the comments. 

The plaintiffs are represented by Jim S. Hall and Matthew B. Moreland of Jim S. Hall & Associates LLC. 

The Southwest refund class action lawsuit is Capdeville, et al. v. Southwest Airlines Co., Case No. 2:22-cv-05590, in the U.S. District Court for the Eastern District of Louisiana. 

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Did you travel @southwestair over the holidays and your flight was canceled? Was your luggage lost?

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42 thoughts onSouthwest class action claims airline failed to promptly refund canceled December flights

  1. Lacy says:

    What about in the heights if covid in 2020-2021!? Our flights were cancelled, everything was shut down. They gave us 1yr to use credit, when covid was still interfering, the took money and issued a partial voucher!!

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