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Having assessed a first-of-its-kind fine for “chronic flight delays” against JetBlue Airways, federal regulators have now moved to penalize both Southwest Airlines and Frontier Airlines for similar infractions.
In the case of Southwest, the U.S. Transportation Department (DOT) and the U.S. Justice Department are seeking maximum civil penalties through a lawsuit announced on Jan. 15. Frontier has been fined $650,000. Both actions closely follow a $2 million chronic delay penalty levied against JetBlue Airways by DOT in early January, which U.S. Transportation Secretary Pete Buttigieg said should put “the airline industry on notice that we expect their flight schedules to reflect reality.”
The suit against Southwest, “sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections,” Buttigieg said.
According to DOT, Southwest operated two chronically delayed flights—between Chicago Midway and Oakland, California; and between Baltimore and Cleveland—during a five-month period ending in August 2022. Citing data from the airline, the agency estimated it was responsible for more than 90% of the disruptions.
A seven-page complaint filed in the U.S. District Court for the Northern District of California contends that violations of DOT regulations happened at least 58 times in August 2022, requesting civil penalties of up to $37,377 for each instance.
Southwest said it is “disappointed that DOT chose to file a lawsuit over two flights that occurred more than two years ago,” noting that since DOT’s Chronically Delayed Flight (CDF) policy was first issued in 2009, it has operated over 20 million flights with no other CDF violations. “Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years,” the airline said. It added, “in 2024, Southwest led the industry by completing more than 99% of its flights without cancellation.”
Meanwhile, DOT’s Office of Aviation Consumer Protection (OACP) determined that Frontier operated three chronically delayed flights at least 63 times between August 2022 and April 2023—on service between the U.S. Virgin Islands' St. Thomas and Orlando; Atlanta and Phoenix; and Orlando and Houston. The carrier was “primarily responsible” for those delays, DOT said. “In order to avoid litigation, Frontier consents to the issuance of this order to cease and desist from future similar violations ... and to the assessment of $650,000 in compromise of potential civil penalties otherwise due,” OACP’s consent order states.
Half the penalty will be owed only if Frontier commits a similar violation within the next three years. The carrier declined to comment.
DOT defines a flight as “chronically delayed” if it is flown at least 10 times a month and arrives more than 30 min. late over 50% of the time during that month.
All three recent delay-related enforcement actions come just ahead of a U.S. presidential transition. Analysis from TD Cowen projects “a less antagonistic relationship between the industry and government broadly” as a new administration takes office. Analyst Tom Fitzgerald writes, “We do not expect the new administration to proceed with the lawsuit against Southwest.”
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