Examples of Impacted Passengers:

• • John Brennan missed a planned cruise with his wife after Delta repeatedly cancelled their flights and left them stranded in Atlanta.
  • Melanie Susman was forced to rebook with another airline and incur nearly $1,000 in extra costs when Delta twice cancelled her New York trip.
  • Arben Bajra’s family vacation to Amsterdam turned into a nightmare of delays, cancellations and unexpected hotel stays by Delta.
  • When Asher Einhorn’s return flight was cancelled, Delta offered no assistance, forcing him to pay $1,500 for a hotel and new tickets home.

Timeline of Key Events:

• • July 19, 2024 – CrowdStrike software update crashes airline and airport computers using Windows, leading to mass flight disruptions.
  • July 19-21 – Delta cancels over 4,500 flights as it works to restore systems and operations impacted by the outage.
  • July 22-23 – As other airlines recover, Delta cancels around 70% of its flights, leaving thousands of passengers stranded.
  • July 24-31 – Passengers report ongoing cancellations and inability to get refunds or reimbursement from Delta.
  • August 6, 2024 – Class action lawsuit filed against Delta in federal court in Georgia on behalf of impacted passengers nationwide.

FAQs:

• • Q: How many Delta flights were cancelled due to this incident?
    A: Reports indicate Delta cancelled over 4,500 flights between July 19-21, then continued to cancel more than 70% of its flights on July 22-23 as other airlines recovered. Plaintiffs allege cancellations continued through July 31.
  • Q: What caused Delta’s massive cancellations when other airlines didn’t have as many?
    A: The lawsuit alleges Delta’s system failures stemmed from its over reliance on Microsoft programs and inability to restore its crew scheduling systems.
  • Q: How did the cancellations impact Delta passengers?
    A: Named plaintiffs describe being stranded at airports for days, missing cruises and events, incurring thousands in unexpected costs, and being separated from their luggage.
  • Q: Did Delta provide refunds and compensation to impacted passengers?
    A: The complaint alleges Delta refused refunds for many cancelled flights and reimbursement for passengers’ extra expenses, in violation of its obligations.

Examples of Legal Violations Alleged:

• • Delta’s Conditions of Carriage require it to refund fares and fees for cancelled flights upon request, but the airline refused refunds for many passengers.
  • Delta misled passengers about their rights by offering only vouchers initially and falsely stating refunds would be automatic.
  • By cancelling flights but keeping fares and fees, Delta unjustly pocketed money for services not provided, at passengers’ expense.
  • Delta’s refusal to reimburse incurred costs may violate California’s Unfair Competition Law, Florida’s Deceptive and Unfair Trade Practices Act, and Washington’s Consumer Protection Act.
  • DOT regulations require prompt refunds for cancelled flights, which Delta failed to provide thousands of impacted customers.

Breaking Down the Legal Elements:

• • For breach of contract, plaintiffs must show a valid contract existed, Delta failed to perform its duties, and that caused damages – here, Delta’s alleged refusal to provide refunds and reimbursements per its Conditions of Carriage.
  • Common law fraud requires showing Delta made false statements about material facts (refund rights) that it knew were false, plaintiffs reasonably relied on those misstatements, and suffered harm as a result.
  • Unjust enrichment occurs when one party unfairly retains a benefit at another’s expense. Plaintiffs claim Delta did so by keeping fares and fees for cancelled flights it didn’t operate.
  • The complaint alleges Delta violated California, Florida and Washington laws through its refund refusals and misstatements (consumer protection laws disallow deceptive and unfair business practices).
    
  • Federal regulations require airlines to promptly refund passengers for cancelled flights. DOT defines “prompt” as within 7 business days if a credit card was used, and 20 days for other payment methods.

FAQs:

• • Q: How do Delta’s Conditions of Carriage factor into the breach of contract claims?
    A: The Conditions of Carriage form the basis of the contract between Delta and its passengers. The lawsuit alleges multiple provisions that require refunds for cancelled flights, which Delta breached.
  • Q: What fraudulent statements does the lawsuit claim Delta made?
    A: The complaint alleges Delta falsely told passengers refunds would be automatic, offered vouchers without mentioning refund rights, and misrepresented refund request procedures.
  • Q: Why unjust enrichment in addition to breach of contract?
    A: Unjust enrichment is claimed in the alternative, in case the contract terms are found invalid. It focuses on the unfairness of Delta keeping fares for cancelled flights.
  • Q: How do state consumer protection laws relate to the facts alleged?
    A: The lawsuit claims Delta’s refusal to refund fares, misstatements to passengers, and unfair voucher offers violate consumer protection statutes in the states where named plaintiffs reside.
  • Q: What federal regulations govern airline refunds and how do they apply here?
    A: DOT regulations require airlines to promptly refund passengers for flights the carrier cancels, which the suit alleges Delta systemically failed to do after its July 2024 meltdown.

Examples of Damages Alleged by Plaintiffs:

• • Named plaintiffs paid between $600 to over $2,200 in Delta fares for flights that were ultimately cancelled.
  • Plaintiffs incurred hotel, meal, transportation and other costs ranging from hundreds to thousands of dollars when stranded by cancellations.
  • Some plaintiffs missed important events like cruises, incurring additional consequential losses allegedly due to Delta’s cancellations.
  • The complaint seeks an injunction forcing Delta to provide refunds to all impacted passengers to prevent future unfair practices.
  • Punitive damages are requested to punish Delta’s alleged knowing misrepresentations and fraudulent refund denials.

Understanding the Types of Damages:

• • Actual damages aim to reimburse passengers’ direct economic losses, like ticket fares paid and additional travel expenses incurred.
  • Compensatory damages cover other provable losses caused by the cancellations, such as missed event and trip costs, lost wages, etc.
  • Consequential damages are indirect losses stemming from a breach of contract that were foreseeable – here, things like missing a connecting cruise due to cancellation.
  • Injunctive relief doesn’t provide monetary compensation but rather a court order forcing a defendant to do something, like provide entitled refunds.
  • Punitive damages go beyond compensation and aim to punish especially egregious or intentional misconduct and deter similar behavior in the future.

FAQs:

• • Q: What compensation are passengers automatically entitled to under Delta’s contract?
    A: Delta’s Conditions of Carriage require it to refund all fares and fees for flights it cancels upon passenger request, according to the complaint.
  • Q: Can passengers recover additional costs incurred beyond the fare paid?
    A: The lawsuit seeks reimbursement for expenses like hotels, meals, transportation and more that passengers had to pay out of pocket due to Delta’s cancellations.
  • Q: What’s the difference between actual, compensatory and consequential damages?
    A: Actual damages cover direct financial losses, compensatory include other provable losses caused by the wrongdoing, and consequential are indirect losses that were a foreseeable result.
  • Q: Why does the lawsuit seek injunctive relief in addition to monetary damages?
    A: Injunctive relief would force Delta to honor refund obligations going forward, not just provide compensation for past breaches. It aims to help future impacted passengers too.
  • Q: When are punitive damages generally awarded?
    A: Punitive damages require proving especially malicious, fraudulent or willful misconduct that society aims to punish and deter. Here, plaintiffs allege Delta’s misrepresentations warrant them.

Examples of How Passengers Can Pursue Claims:

• • Impacted passengers can await notice about the class action and choose to remain part of the case or opt out and pursue individual claims.
  • Some passengers may have consequential damages, like missing a wedding or job interview, that are so large they’re better off filing solo suits.
  • Passengers who want more control over the litigation and potential settlement may prefer to hire their own attorney and file individual claims.
  • Those with smaller monetary damages who can’t justify the costs of solo suits will likely fare better remaining part of the class action if certified.
  • Passengers weighing their options must consider their state’s statutes of limitation for breach of contract, fraud and consumer protection claims to avoid missing key deadlines.

Factors to Weigh When Deciding on a Class vs. Individual Claim:

• • Consider the value of your individual damages – if you incurred major expenses, an individual suit may make sense, but if damages are smaller, a class action may be more practical.
  • Evaluate your desire for control over the case – in a class action, named plaintiffs and class counsel make key litigation decisions on behalf of the whole group. An individual case gives you more say.
  • Gauge the importance of speed – individual actions often resolve faster than class suits, so if you need relief quickly, that may be a better route. But class actions allow many plaintiffs to pursue claims efficiently.
  • Analyze the costs and benefits – if your individual damages are high, it may be worth the added cost of hiring your own lawyer. But if not, a class suit offers collective representation with no upfront fees.
  • Assess your risk tolerance – in an individual case, you face the risk of losing and getting no recovery. In a certified class action, you’ll get a share of any settlement or judgment unless you opt out.

FAQs:

• • Q: How do I know if I’m part of the class covered by this lawsuit?
    A: The suit seeks to represent all U.S. passengers who had a Delta flight cancelled or significantly delayed between July 19-31, 2024. If it’s certified, you’ll likely receive an official notice with the exact class definition.
  • Q: Requirements for a class action to be certified?
    A: Federal rules require a class to be so numerous that individual joinder is impractical, have common questions of law or fact, have representative plaintiffs with typical claims, and have plaintiffs who will adequately represent the group.
  • Q: If the class is certified, do I have to participate in the case?
    A: Class members are automatically included in a certified class action unless they affirmatively opt out by a court-ordered deadline. You can choose to hire your own lawyer and pursue claims individually instead.
  • Q: How long do I have to file my own lawsuit if I want to go that route?
    A: Statutes of limitation vary based on the type of claim and state law. In California, for example, breach of contract and fraud claims generally have a 4 year time limit, while Florida allows 5 years for contract claims. Consult an attorney to understand your deadlines.
  • Q: Do I need my own lawyer to pursue an individual claim against Delta?
    A: While you aren’t required to have an attorney, it’s often advisable to consult with experienced counsel to understand your rights, assess the strengths and weakness of your case, and navigate the complex litigation process.

Examples of Legal Issues an Attorney Can Navigate:

• • Analyzing Delta’s 51-page Conditions of Carriage to identify all relevant passenger refund, reimbursement and denied boarding rights.
  • Deciphering statutes of limitation, consumer protection laws and causes of action.
  • Reviewing the class action complaint to determine if your claims are covered and if you’re likely to recover more by joining the class or suing individually.
  • Calculating the full scope of damages you may be entitled to for things like alternate transportation costs, meals and lodging, lost income, consequential losses, etc.
  • Fighting back against Delta’s attempts to deny responsibility by gathering evidence and crafting persuasive legal arguments on your behalf.

Tips for Finding the Right Legal Representation:

• • Look for an attorney or law firm that specializes in airline passenger claims, transportation law and class action litigation.
  • Research a lawyer’s track record handling cases against major airlines and securing significant financial recoveries for clients.
  • Schedule a free consultation with several attorneys to get their analysis of your potential claims and gauge your rapport with them.
  • Learn about fee structures and consider an attorney that works on contingency, meaning they only get paid if you do, so your interests are aligned.
  • Make sure your attorney is responsive, gives you regular case updates, and provides sound guidance while still respecting your goals for the representation.

FAQs:

• • Q: Why is it important to consult an attorney specializing in passenger rights?
    A: Airline refund and cancellation policies can be complex and not easily decipherable for the average traveler. Experienced attorneys can interpret and assert your contractual rights and legal remedies.
  • Q: What records should I assemble for my attorney? A: Compile any documents relating to your Delta reservation (confirmation emails, boarding passes, receipts, etc.), records of expenses incurred due to the cancellation (hotel bills, meal receipts, alternate transportation costs, etc.), and copies of any correspondence with the airline about the situation.
  • Q: What’s the cost?
    A: Most passenger rights attorneys offer free consults and only get paid if they recover money for you (contingency basis). Typical contingency fees range from 25-40% of the total recovery secured.
  • Q: What if Delta denies responsibility or says the cancellation was outside its control?
    A: Airlines often try to avoid liability by claiming cancellations were caused by factors like weather or air traffic control. An experienced attorney will know how to counter these defenses and prove Delta’s culpability, using evidence like the airline’s own statements attributing the meltdown to its crew scheduling system.
  • Q: What’s the timeline?
    A: Varies based on complexity, Delta’s willingness to settle, the court’s schedule, and other factors. Can take months or years. Attorneys keep you updated and set reasonable expectations.

Questions: The Events Triggering the Lawsuit

• • 1. What event triggered the mass Delta cancellations in July 2024?
    • A) A major hurricane
    • B) An FAA system outage
    • C) A ransomware attack on Delta
    • D) A CrowdStrike software update issue
  • 2. Number of Delta flights canceled in the first 3 days after the incident?
    • A) About 500
    • B) Around 1,500
    • C) Over 2,500
    • D) More than 4,500
  • 3. By July 22-23, what percentage of Delta’s flights were still being canceled?
    • A) Around 10%
    • B) About 30%
    • C) Roughly 50%
    • D) Over 70%
  • 4. Delta attributed its ongoing issues to trouble with what critical system?
    • A) Reservations
    • B) Baggage tracking
    • C) Crew scheduling
    • D) Aircraft maintenance
  • 5. When does the lawsuit allege Delta’s flight disruptions ended?
    • A) July 23
    • B) July 25
    • C) July 28
    • D) July 31

Answers: The Events Triggering the Lawsuit

• • 1. D) The complaint alleges a faulty CrowdStrike software update on July 19, 2024 crashed airline systems using Windows and triggered Delta’s woes.
  • 2. D) Delta reportedly canceled over 4,500 flights in the first 3 days after the CrowdStrike incident as it struggled to recover.
  • 3. D) On July 22-23, Delta was still canceling over 70% of its flights, while other airlines had largely resumed normal operations.
  • 4. C) Delta blamed its inability to fix issues with its crew scheduling system for the prolonged cancellations.
  • 5. D) Though Delta said operations returned to normal on July 25, the lawsuit claims disruptions continued through July 31.

Questions: The Legal Claims & Damages Sought

• • 1. Which is NOT one of the legal claims asserted against Delta in the complaint?
    • A) Contract breach
    • B) Fraud (common law)
    • C) Misrepresentation (negligent)
    • D) Unjust enrichment
  • 2. The suit alleges Delta violated federal rules requiring what for canceled flights?
    • A) Prompt refunds
    • B) Free rebooking
    • C) Overnight hotel stays
    • D) Meal vouchers
  • 3. What state consumer protection laws does the lawsuit claim Delta violated?
    • A) California, Florida & Washington
    • B) New York, Illinois & Texas
    • C) Georgia, Colorado & Arizona
    • D) Massachusetts, Hawaii & Alaska
  • 4. The complaint does NOT specifically seek which type of damages for impacted passengers?
    • A) Refunds for cancelled flights
    • B) Reimbursement of incurred expenses
    • C) Compensation for emotional distress
    • D) Punitive damages
  • 5. The lawsuit requests an injunction to force Delta to do what?
    • A) Provide refunds for cancelled flights upon request
    • B) Pay passengers $1,000 each
    • C) Rebook all impacted passengers
    • D) Cease all flight operations

Answers: The Legal Claims & Damages Sought

• • 1. C) The complaint asserts claims for breach of contract, common law fraud, unjust enrichment, and state consumer protection law violations – but not negligent misrepresentation.
  • 2. A) Federal regulations require airlines to promptly refund passengers for flights the carrier cancels, which the suit claims Delta failed to do.
  • 3. A) The lawsuit alleges Delta’s actions violate consumer protection statutes in California, Florida and Washington – where the named plaintiffs reside.
  • 4. C) While seeking refunds, expense reimbursement, and punitive damages, the complaint does not specifically request compensation for emotional distress.
  • 5. A) The injunctive relief sought would require Delta to provide refunds for cancelled flights to any class member who requests one.

Disclaimer

This article is not intended as formal legal advice regarding any individual’s potential claims and does not create an attorney-client relationship.

Laws and regulations regarding airline passengers’ rights may change over time, and application of the principles discussed will vary depending on the unique facts of each case