Southwest Airlines Co. collects from passengers who make reservations a September 11 security fee, or TSA fee, that is to go to the Transportation Security Administration (TSA) to pay for security at places such as airports. According to the complaint for this class action, if passengers then cancel their travel, Southwest is supposed refund to them the amount of these TSA fees. However, the complaint alleges that Southwest has not been doing this but has been keeping these fees for itself.
The class for this action is all persons with reservations bought from Southwest that included a departure from an airport in the US, whose travel was cancelled before the scheduled departure date or who otherwise did not travel, and who had their TSA Security Fee payment converted to a Southwest travel credit, between August 18, 2018 and March 30, 2022.
Since airline reservations are usually made in advance, it’s not uncommon for people to have to cancel or change their travel dates. In addition, the Covid-19 pandemic has disrupted travel, the complaint alleges, “due to government restrictions or recommendations against travel, health concerns, or cancellation of activities at their intended destination…”
The Aviation and Transportation Security Act requires that airlines collect these fees to “pay for … costs of providing civil aviation security services…” The fees are collected by the airline that sells the tickets to the passenger and later sent to the TSA.
The complaint alleges, “If the passenger does not travel, the regulations oblige the airlines to refund the fee to the passenger.” It quotes the Code of Federal Regulations as saying that airlines have “neither legal or equitable interest in the security service fees except for the right to retain any accrued interest on the principal amounts collected…”
However, according to the complaint, Southwest does not refund the TSA fee but gives cancelling passengers a travel credit for use with future travel with Southwest. This travel credit can only be used by the cancelling passenger, the complaint alleges, and it expires one year after the passenger made the original booking. The complaint claims that this is inadequate as it is not a real refund.
The complaint quotes the Department of Homeland Security Office of Audits and the Government Accountability Office as supporting the refund of these fees. It also quotes the TSA’s own Guidance to Industry issued on March 20, 2020 as saying, “Retaining any portion of the fee or providing credit towards future services, with or without an expiration, does not constitute a refund.”
The complaint alleges that by not refunding the TSA fees, Southwest has breached its Contract of Carriage, which constitutes its contract with passengers.
Article Type: LawsuitTopic: Contract
Most Recent Case Event
Southwest Airlines No Refunds of TSA Fees for Cancellations Complaint
August 18, 2022
Southwest Airlines Co. collects from passengers who make reservations a September 11 security fee, or TSA fee, that is to go to the Transportation Security Administration (TSA) to pay for security at places such as airports. According to the complaint for this class action, if passengers then cancel their travel, Southwest is supposed refund to them the amount of these TSA fees. However, the complaint alleges that Southwest has not been doing this but has been keeping these fees for itself.
Southwest Airlines No Refunds of TSA Fees for Cancellations ComplaintCase Event History
Southwest Airlines No Refunds of TSA Fees for Cancellations Complaint
August 18, 2022
Southwest Airlines Co. collects from passengers who make reservations a September 11 security fee, or TSA fee, that is to go to the Transportation Security Administration (TSA) to pay for security at places such as airports. According to the complaint for this class action, if passengers then cancel their travel, Southwest is supposed refund to them the amount of these TSA fees. However, the complaint alleges that Southwest has not been doing this but has been keeping these fees for itself.
Southwest Airlines No Refunds of TSA Fees for Cancellations Complaint