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It alleges the Dallas-based airline is harming passengers and fair competition across the industry after an investigation discovered Southwest operated the two chronically delayed flights — one between Chicago Midway and Oakland, California, and one between Baltimore and Cleveland.

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Outgoing Transportation Secretary Pete Buttigieg said in a statement that the lawsuit is a part of the department’s commitment to supporting passenger rights. The lawsuit alleges Southwest failed to fix its schedule to avoid the delays.

Under DOT rules, a flight is considered “chronically delayed” if it is flown at least 10 times a month and arrives late more than 50% of the time. Cancellations and diversions are also included as delays within the department’s calculation.

“Airlines have a legal obligation to ensure that their flight schedules provide travelers with realistic departure and arrival times,” Buttigieg said in a statement. “Today’s action sends a message to all airlines that the Department is prepared to go to court in order to enforce passenger protections.”

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“Since DOT issued its Chronically Delayed Flight policy in 2009, Southwest has operated more than 20 million flights with no other CDF violations,” Southwest said in a statement. “Any claim that these two flights represent an unrealistic schedule is simply not credible when compared with our performance over the past 15 years.”

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Earlier this month,the department penalized JetBlue Airways $2 million for flight delays. The DOT found JetBlue to have operated four chronically delayed flights at least 145 times between June 2022 through November 2023, with each flight delayed for five months in a row or more.

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