Class action lawsuit against Delta over cancelled flights (booked on OTA)
Apr 18, 2020, 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/
Mods - fell free to merge or redirect.
https://www.ajc.com/blog/airport/del...aCZKiU1RXsTvJ/
Apr 18, 2020, 4:21 pm
#2
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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.
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.
Apr 18, 2020, 4:30 pm
#3
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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.
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.
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.
Apr 18, 2020, 4:34 pm
#4
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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.
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.
Last edited by Often1; Apr 18, 2020 at 5:02 pm
Apr 18, 2020, 6:50 pm
#6
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Maybe DL's defense will be that they *did* issue the refund to this bad OLTA.
Apr 18, 2020, 6:58 pm
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Apr 18, 2020, 7:26 pm
#8
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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.
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.
Apr 18, 2020, 9:43 pm
#9
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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.
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.
Apr 18, 2020, 10:43 pm
#10
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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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
Apr 18, 2020, 11:08 pm
#11
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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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
Apr 19, 2020, 12:28 am
#12
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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.
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.
Apr 20, 2020, 2:25 am
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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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
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 wont process it (says voucher only) and Twitter said the same thing.
Am I due a refund?
Apr 20, 2020, 2:26 am
#14
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Apr 20, 2020, 8:37 am
#15
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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).