A Delta Boeing 737. (Photo: Shutterstock.com)

A lawyer for the lead plaintiff in a putative class action against Atlanta-based Delta Air Lines Inc. over ticket refunds confirmed Friday that the lawsuit is still taking off, even though the company has given the demanded refund.

Elliot Daniels of Maryland did get his $3,090 back for four tickets on a canceled international flight from Dulles International Airport in Northern Virginia to Cairo, according to the company and his lawyers. But that was after the lawsuit was filed in U.S. District Court for the Northern District of Georgia on April 17.

"They picked him off, but that doesn't eliminate the lawsuit," Bill Stone of the Stone Law Group said Friday. "What will happen is another plaintiff is going to step up. There are a lot of them."

Stone's firm, with offices in Atlanta, Rome and Blakely, Georgia, is serving as local counsel on the case for Steve Berman, Daniel Kurowski and Whitney Siehl of Hagens Berman Sobol Shapiro in Chicago. Stone said he expects the team to file a substitution of parties or a new complaint.

Hundreds, if not thousands, of others are similarly situated, and more than $5 million is at stake, according to the complaint.

The issue is the same with the Delta lawsuit as with others filed against airlines, concert bookers and baseball teams since the start of the novel coronavirus pandemic: cash back for canceled tickets. Whether it's travel, concerts or baseball, customers are not much in the mood for a rain check.

"This Class Action Complaint comes during a time of unprecedented hardship for so many Americans, with each day bringing different news regarding the novel coronavirus COVID-19," the complaint said. "Social distancing, sheltering-in-place, and efforts to 'flatten the curve' have separated loved ones from their relatives, workers from their co-workers, and further isolated those already in or at risk of further isolation. It has decimated nationwide employment. Nearly 9 in 10 Americans are now subject to a travel restriction, all to protect the health and welfare of the nation during this public health emergency."

The complaint gave a detailed timeline of the developing health crisis that started with news from Wuhan, China, on Dec. 31. It accuses Delta of violating U.D. Department of Transportation policy: "If your flight is cancelled and you choose to cancel your trip as a result, you are entitled to a refund for the unused transportation—even for non-refundable tickets."

Steering customers to credits for future flights is the issue, according to the complaint.

"Delta took a variety of steps to make it difficult, if not impossible, for consumers to receive any refund on pandemic cancelled flights," the complaint said. "Defendant wanted to retain the money paid to Defendant, given the severe economic losses it is incurring related to pandemic flight cancellations. It does so despite consumers' right to receive a refund for unused transportation, even for non-refundable tickets."

Delta denied the charges in a written statement shared with the Daily Report.

"With regard to this the lawsuit: Doing right by our customers through refunds and rebookings has been—and will continue to be—a key focus as we manage through this unprecedented global pandemic. The named plaintiff in this suit first requested a refund on April 15—two days before the lawsuit was filed. We expedited the refund process and gladly issued his refund," the company said.

The complaint, however, alleged that Daniels had been requesting a refund since Delta canceled his rebooked March 31 flight. Daniels allegedly was told he'd have to accept a travel voucher. He went onto the company website and submitted a refund request on March 28, which Delta denied on April 15, limiting him to travel credits, the suit claims.

The complaint also cited instructions on the Delta website offering travel credits for canceled flights. But the company said it will return cash.

"With regard to refunds generally: In keeping with our longstanding policy, Delta continues to provide full refunds to eligible passengers requesting them for whom we have cancelled a flight or made a significant schedule change," the company said. "In March 2020 alone, Delta processed more than one million refunds. Eligible customers may request refunds online at delta.com or contact a reservations agent."