Southwest Passenger Sues Over Unreimbursed Flight Cancellations

A Southwest Airlines Co. passenger whose flight was among thousands recently canceled filed a proposed class action against the airline, alleging its failure to provide prompt refunds violates its own contract terms.

The airline began canceling flights nationwide Dec. 23, 2022, blaming the weather, Eric F. Capdeville says. The cancellations continued for days. Ultimately, company CEO Bob Jordan said that the airline needed to upgrade its legacy systems and the US Department of Transportation confirmed that cancellations resulted from Southwest’s operational decisions, the suit alleges.

Southwest’s response to the “internally created crisis” was to suggest that customers could submit receipts for flight cancellations from Dec. 24, 2022, through Jan. 2, 2023, for reimbursement consideration, Capdeville alleges.

“Southwest does not have information to provide on the pending litigation,” the airline said Tuesday. “There are several high priority efforts underway to do right by our Customers, including processing refunds from cancelled flights, reimbursing Customers for expenses incurred as a result of the irregular operations. We have a long and proud 51-year history of delivering on our Customers’ expectations and we are committed to the all-important imperative of taking care of them during operational disruptions,” it said.

A travel disruption webpage FAQ says, “We will honor reasonable requests for reimbursement for meals, hotel accommodations, and alternate transportation (for example: rental cars and tickets on other airlines).”

Capdeville says he bought two tickets for a Dec. 27 flight from New Orleans to Portland, Ore., for himself and his daughter.

The flight was cancelled and Southwest couldn’t offer another flight, he says in a Dec. 30 suit in the US District Court for the Eastern District of Louisiana. Nonetheless, he says he wasn’t given a refund, but was only offered a credit for use on a future flight.

But the airline’s contract of carriage mandates fare refunds and reimbursement of associated costs to passengers who can’t be rebooked, he says.

Additionally, the airline’s “Customer Service Commitment” requires refunds to be issued within seven business days from a passenger’s refund request for tickets purchased with a credit card, and within 20 days for tickets bought with cash, the suit alleges.

Causes of Action: Breach of contract; redhibition.

Relief: Actual compensatory damages, refund.

Potential class size: Unknown number of persons in nationwide class, who bought tickets for Southwest flights scheduled to operate after Dec. 24, 2022, whose flights were canceled by Southwest, and didn’t get refunds and reimbursement for their expenses.

Attorneys: Jim S. Hall & Associates represents Capdeville and the proposed class.

The case is Capdeville v. Southwest Airlines Co., E.D. La., No. 2:22-cv-05590, complaint 12/30/22.