The U.S. Department of Transportation (DOT) has filed a lawsuit against Southwest Airlines, accusing the carrier of operating chronically delayed flights in violation of consumer protection regulations. This move is part of a broader crackdown on airlines that mislead passengers with unrealistic scheduling practices.
The Allegations Against Southwest
The lawsuit targets two Southwest routes that reportedly experienced persistent delays between April and August 2022. According to the DOT, these flights—operating between Chicago Midway International Airport (MDW) and Oakland International Airport (OAK), as well as between Baltimore/Washington International Thurgood Marshall Airport (BWI) and Cleveland Hopkins International Airport (CLE)—were delayed 180 times.
A flight is considered “chronically delayed” if it arrives more than 30 minutes late at least half the time for four consecutive months. The DOT argues that airlines must adjust schedules when such patterns emerge to prevent ongoing passenger disruptions. The department is seeking maximum civil penalties against Southwest for these violations.
Transportation Secretary Pete Buttigieg emphasized the significance of this action, stating, “Airlines have a legal obligation to ensure that their flight schedules provide travellers with realistic departure and arrival times. Today’s action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections.”
Southwest Pushes Back
Southwest has strongly denied the allegations, calling the lawsuit excessive. In a statement, the airline expressed disappointment, highlighting that the flights in question occurred more than two years ago. The airline also emphasized its operational reliability, stating that it has conducted more than 20 million flights since 2009 without prior violations of the DOT’s “chronically delayed flight” policy.
“Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” Southwest stated. The airline further noted that in 2024, it led the industry by completing over 99% of its flights without cancellation.
A Broader Crackdown on Airline Scheduling Practices
Southwest is not the only airline under DOT scrutiny. Earlier this month, JetBlue was fined $2 million for similar scheduling violations, while Frontier Airlines received a $650,000 fine. Both carriers allegedly operated flights that were consistently delayed over extended periods, prompting regulatory enforcement.
Beyond scheduling infractions, the DOT has also penalized international carriers. Lufthansa and SWISS were fined a combined $420,000 for violating airspace restrictions while operating codeshare flights with United Airlines. The DOT found that these airlines flew in FAA-prohibited airspace between 2022 and 2024, underscoring a broader regulatory effort to ensure compliance among airlines.
The DOT argues that deceptive scheduling creates unrealistic passenger expectations and distorts competition. “Airlines must prove the realism of their schedules,” Buttigieg said, highlighting concerns that some carriers prioritize revenue over operational feasibility.
What’s Next for Southwest?
Unlike JetBlue and Frontier, which opted for settlements, Southwest is fighting the lawsuit in court. If the case proceeds, it could establish a legal precedent for how the DOT enforces scheduling regulations moving forward.
The outcome of this battle could significantly impact airline industry practices. If the DOT prevails, airlines may be forced to adopt more conservative scheduling strategies, potentially reducing flight options or increasing costs for passengers. Conversely, a Southwest victory could weaken the DOT’s regulatory authority, giving airlines greater flexibility but potentially at the expense of passenger reliability.
As the case unfolds, travellers should remain vigilant about airline performance and schedule reliability when booking flights. The DOT’s aggressive stance suggests further enforcement actions against other carriers could follow, reinforcing the need for airlines to balance profitability with consumer rights and service reliability.