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Southwest Airlines being sued for not issuing refund amid travel chaos

In the suit, Eric Capdeville claims he and his daughter were supposed to fly from New Orleans to Portland on December 27, but their flight was canceled.

NEW ORLEANS — A man from Marrero filed what appears to be the first federal lawsuit against Southwest Airlines for the meltdown it experienced during the holidays. 

In the suit, Eric Capdeville claims he and his daughter were supposed to fly from New Orleans to Portland on December 27. Their flight, along with more than 15,000 others that week, was canceled. 

The airline initially blamed the failure on the winter storm that gripped the country that week. Then, once other airlines began recovering and Southwest didn't, it claimed it was still struggling to get crews and equipment to the needed airports. 

Capdeville's attorney, Matthew Moreland, says Capdeville tried to contact Southwest for hours and was not able to "get a clear answer about whether they would refund him." 

The suit alleges Capdeville was eventually "not given a refund, but was only offered a credit for use on a future flight." It claims that if Capdeville does not end up receiving a refund, it will be "in violation not only of [Southwest's] own Contract of Carriage, but federal law." 

The lawsuit seeks compensation not just for Capdeville's plane tickets, but the cost of his hotel reservation in Portland and other related expenses. 

WWL-TV reached out to Southwest Airlines about the lawsuit. A spokesperson responded with this statement:

"There are several high-priority efforts underway to do right by our Customers, including processing refunds from canceled flights and reimbursing Customers for expenses incurred as a result of the irregular operations. 

We have a long and proud 51-year history of delivering on our Customers’ expectations, and we are committed to the all-important imperative of taking care of them during operational disruptions. 

In fact, on December 28, we launched a website to assist Customers with requesting refunds and reimbursements, and those requests are being processed and issued. 

That website is here: www.southwest.com/traveldisruption."

It includes an email link to request reimbursement for expenses incurred while travelers were stranded, like hotels and meals. It says it will honor "reasonable requests." When asked to elaborate, the spokesperson said the airline could not give dollar amounts but will review requests on a case-by-case basis. 

Moreland says Capdeville has not submitted a request for reimbursement through the site. He says his own office intends to on Capdeville's behalf. 

Moreland is also seeking class-action status for the lawsuit. He says he's already been contacted by other Southwest customers who want to join. They include a woman who missed her mother's funeral when her flight was canceled. 

There are challenges in suing a company as large as Southwest Airlines. "Most companies anticipate this kind of stuff," said Joesph M. Bruno, Sr., who has decades of experience in cases like this.

Bruno speculates that the airline will have enough legal protection to defend itself against the lawsuit. 

That's not to say, though, that the suit is without merit. "If you know in advance you’re short staffed if you know in advance your computer systems aren't working properly, then of course under the normal provisions of our law then there is responsibility for the consequences of that failure to act. But-- that’s why they create these terms of service" Bruno said. 

In response, Moreland replied that he is optimistic about the lawsuit's chances and that all he wants is to "help the people who are not getting response or help from Southwest."

In the meantime, Southwest is working to appease customers. Tuesday, it sent a letter to those whose flights had been canceled, offering 25,000 rewards points.

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