Delta must face class action lawsuit over CloudStrike outage, judge rules
After multiple canceled flights to Washington D.C., Delta Air Lines passengers Patty (L) and Alice Crump get ticketing assistance from an agent at Hartsfield-Jackson Atlanta International Airport on July 22, 2024. (Photo by Jessica McGowan/Getty Imag
ATLANTA - A federal judge has allowed a lawsuit against Delta Air Lines by customers seeking refunds and damages over the massive CrowdStrike outage that left thousands of flights canceled around the world.
Reuters reports that a U.S. District Court judge ruled earlier this week that multiple plaintiffs could pursue claims against the Atlanta-based airline over the company's reported failure to provide refunds.
The backstory:
The CrowdStrike outage started on July 19, 2024, and began when a faulty update was pushed out by the cybersecurity company for one of its tools, "Falcon."
Among airlines, Delta was by far the hardest hit by the outage, having to cancel more than 6,500 flights, because key systems were crippled by the incident.
US DOT probes Delta delays after CrowdStrike outage
It's been five days since the global CrowdStrike power outage and travelers still face delays and cancelations and now the U.S. Department of Transportation has opened an investigation into Delta Air Lines’ handling of the situation.
Six days after the original outage, Delta was able to resume operations. According to statistics from the Bureau of Transportation Statistics, the airline scrapped more flights in the time it was affected than it did in 2018 and 2019 combined.
Delta Air Lines CEO Ed Bastian said that disruption to its operations cost the airline "half a billion dollars in five days." The airline has hired an attorney to pursue possible damages from both CrowdStrike and Microsoft. Both companies have pushed back on the airline's claims.
MORE: Microsoft blasts Delta over CrowdStrike outage comments
What they're saying:
The lawsuit was filed in August in the U.S. District Court Northern District of Georgia Atlanta Division on behalf of Delta customers impacted by the outage. In it, the customers allege that Delta refused or ignored their requests for prompt refunds for their canceled or delayed flights.
"As a result of Delta’s failures, affected passengers were forced to spend thousands of dollars in unexpected expenses, including flights from other airlines, hotels, rental cars, ground transportation, and food," part of the lawsuit reads. "Further, Delta separated thousands of passengers from their luggage, leaving many without necessary medication, clothes, and other belongings."
Delta passengers try to find their bags after cancelled and delayed flights at Hartsfield-Jackson Atlanta International Airport on July 22, 2024/ (Photo by Jessica McGowan/Getty Images)
The lawsuit alleges that some travelers were only offered a few hundred dollars back or a flight voucher.
"While nearly every other airline recovered quickly from the July 19th ‘Tech Outage,’ Delta’s passengers remained stranded, waiting in lines for days trying to get to their destinations. When our clients sought refunds, Delta again failed to deliver. We look forward to litigating the case on their behalf," Attorney Joe Sauder of Sauder Schelkopf told FOX 5 in a statement after the lawsuit was filed.
What's next:
Reuters reports that Judge Mark Cohen allowed 10 plaintiffs to continue to pursue claims related to the flight delays and cancellations, disagreeing with Delta's attempt to stop all but one claim from going forward.
He dismissed the remaining claims.
In the order, Cohen said that the parties who can still continue with the lawsuit will need to file an amended joint preliminary report and discovery plan by May 20.
The Source: Inforamtion for this story came from a court order by U.S. District Judge Mark H Cohen, a Reuters report, and previous FOX 5 reporting.