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Class action lawsuit against Delta over cancelled flights (booked on OTA)

Class action lawsuit against Delta over cancelled flights (booked on OTA)

Old Apr 18, 20, 3:26 pm
  #1  
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Class action lawsuit against Delta over cancelled flights (booked on OTA)

Sorry if this has already been posted - my search skills are poor.

Mods - fell free to merge or redirect.


https://www.ajc.com/blog/airport/del...aCZKiU1RXsTvJ/
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Old Apr 18, 20, 4:21 pm
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The plaintiff seems to have purchased the tickets through an OLTA.

This is ironic/sad as DL seems to be handling the cancellations/refunds/vouchers so much better than their competitors, especially with the "just no show and we'll convert your ticket to a voucher automatically" process that DL initiated when their phone lines were swamped.
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Old Apr 18, 20, 4:30 pm
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Originally Posted by MSPeconomist View Post
The plaintiff seems to have purchased the tickets through an OLTA.

This is ironic/sad as DL seems to be handling the cancellations/refunds/vouchers so much better than their competitors, especially with the "just no show and we'll convert your ticket to a voucher automatically" process that DL initiated when their phone lines were swamped.
I noticed that too. The person filing the lawsuit booked through OneTravel.com, which a Google search shows as having horrible CA reviews.

Meanwhile earlier today I helped a family member cancel several tickets on DL that he booked to come down for an event in May that is now canceled. Due to the schedule changes, all flights were eligible for refunds (not just vouchers) and while DL had to manually process all of them, it was all handled in about 20 min for multiple reservations.
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Old Apr 18, 20, 4:34 pm
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The question remains whether there is a private right of action at all. If not, the Complaint will be dismissed early on.

At a minimum, DOT rules have required a refund since 2011, and it recently made the clear in a Warning Letter on April 3. DOT has, in the past, warned carriers that refunds ought to be initiated within 7 days of request.

As written, the rules place the burden on the carrier and thus it falls to DL -- or other carriers -- to assure that refunds are issued. DL may well, if it cannot have the case dismissed, add the OTA as a third-party and it is the OTA which may wind up shelling out.

There is zero evidence that DL has done a "better" job than at least the other US legacies, e.g. UA & AA.
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Last edited by Often1; Apr 18, 20 at 5:02 pm
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Old Apr 18, 20, 6:45 pm
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Maybe this will finally resolve the responsibilities for an OTA-booked ticket isued directly by the airline.
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Old Apr 18, 20, 6:50 pm
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Maybe DL's defense will be that they *did* issue the refund to this bad OLTA.
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Old Apr 18, 20, 6:58 pm
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Originally Posted by TBD View Post
Maybe this will finally resolve the responsibilities for an OTA-booked ticket isued directly by the airline.
Highly unlikely that anything is resolved beyond the facts of this specific case. Just not what class action is all about.
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Old Apr 18, 20, 7:26 pm
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He needs to be suing OneTravel.com -- they have his money.
If I use and pay Macys.com to buy a Michael Kors purse and it arrives damaged or I want to return it because I don't like it, my gripe is with Macy's to refund me.
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Old Apr 18, 20, 9:43 pm
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Originally Posted by MSPeconomist View Post
The plaintiff seems to have purchased the tickets through an OLTA.

This is ironic/sad as DL seems to be handling the cancellations/refunds/vouchers so much better than their competitors, especially with the "just no show and we'll convert your ticket to a voucher automatically" process that DL initiated when their phone lines were swamped.
I haven't found DL to be better than AA or UA with refunding tickets in my own experience during this crisis, although I'm only one person.
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Old Apr 18, 20, 10:43 pm
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I have a flight to LGA in late May for a now cancelled trade show.
The Non stop eturn flight was cancelled by Delta and was rebooked 2:50 earlier and a connection via ATL.
My understanding is a refund should be due but the website won’t process it (says voucher only) and Twitter said the same thing.

Am I due a refund?
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Old Apr 18, 20, 11:08 pm
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Originally Posted by apodo77 View Post
I have a flight to LGA in late May for a now cancelled trade show.
The Non stop eturn flight was cancelled by Delta and was rebooked 2:50 earlier and a connection via ATL.
My understanding is a refund should be due but the website won’t process it (says voucher only) and Twitter said the same thing.

Am I due a refund?
The schedule change should be enough that you’re due a refund. When I tried to help my in-laws cancel their tickets today online it also errored out but a call to the PM line got it sorted out. The agent had to manually process the refund but was able to do it for all the reservations.
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Old Apr 19, 20, 12:28 am
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Originally Posted by Often1 View Post
The question remains whether there is a private right of action at all. If not, the Complaint will be dismissed early on.

At a minimum, DOT rules have required a refund since 2011, and it recently made the clear in a Warning Letter on April 3. DOT has, in the past, warned carriers that refunds ought to be initiated within 7 days of request.

As written, the rules place the burden on the carrier and thus it falls to DL -- or other carriers -- to assure that refunds are issued. DL may well, if it cannot have the case dismissed, add the OTA as a third-party and it is the OTA which may wind up shelling out.

There is zero evidence that DL has done a "better" job than at least the other US legacies, e.g. UA & AA.
DOT also said it wasn't going to worry about the airlines acting quickly under the circumstances. And Delta is issuing refunds, but in many cases people have to specifically ask for them by phone.
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Old Apr 20, 20, 2:25 am
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Originally Posted by apodo77 View Post
I have a flight to LGA in late May for a now cancelled trade show.
The Non stop eturn flight was cancelled by Delta and was rebooked 2:50 earlier and a connection via ATL.
My understanding is a refund should be due but the website won’t process it (says voucher only) and Twitter said the same thing.

Am I due a refund?
The problem is agent is most likely not realizing the flight was canceled. Yes due a refund.
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Old Apr 20, 20, 2:26 am
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Originally Posted by steveholt View Post
I haven't found DL to be better than AA or UA with refunding tickets in my own experience during this crisis, although I'm only one person.
One just needs check their forums/read news articles. Especially regarding UA.
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Old Apr 20, 20, 8:37 am
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Originally Posted by Often1 View Post
There is zero evidence that DL has done a "better" job than at least the other US legacies, e.g. UA & AA.
UA changed their policy for what constituted a "significant flight change" to 25 hours.
This has since been rolled back to 6 hours. https://jetstream.united.com/#/sub-link/a0F36000006V2voEAC
DL's policy remains that 90 minutes constitutes a significant schedule change which is eligible for a refund. Source - open question 3

You may also request a refund back to your original form of payment if Delta cancels or significantly delays your flight (delays or schedule changes greater than 90 minutes).
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