Originally Posted by
WineCountryUA
No, there are other problems
The DOT does not make clear if a schedule change with new flight numbers is a cancellation or not. This is the OPs case. Many have opinions on this but the DOT does not clearly handle this case. UA (and many other airlines) clearly takes the position is is not a cancellation per se. The DOT has not disagreed.
O yee of little faith
The requirement of a refund stems from a 2011 determination that DOT's Title 49 authority to penalize "unfair & deceptive" conduct covers the conduct. The two Notices issued by DOT in March and April 2020 were merely reminders to air carriers of the existence of the rule. Key here is the discussion of the specific circumstances under discussion, e.g. an offer of a rerouting.
I do know that at least the larger US card issuers are sustaining chargebacks in short order for this. That tends to cut off litigation because there are few who will sue when they have an easy remedy through their card issuer.
Enhancing Airline Passenger Protections, 76 Fed. Reg. 23110-01, at 23129 (Apr. 25, 2011) (“We reject . . . assertions that carriers are not required to refund a passenger's fare when a flight is cancelled if the carrier can accommodate the passenger with other transportation options after the cancellation. We find it to be manifestly unfair for a carrier to fail to provide the transportation contracted for and then to refuse to provide a refund if the passenger finds the offered rerouting unacceptable (e.g., greatly delayed or otherwise inconvenient) and he or she no longer wishes to travel.”)