The U.S. Department of Transportation (DOT) has finalized its rule requiring U.S. and foreign air carriers to refund costs associated with tickets and ancillary service fees under certain circumstances related to airline delays and cancellations. This rule stems from and responds to President Biden’s Executive Order on Promoting Competition in the American Economy, issued on
Department of Transportation (DOT) consumer protections – rules to watch
As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds.
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U.S. Department of Transportation focused on pursuing consumer protection violations against airlines
Recent news headlines relating to air travel have demonstrated the aviation industry’s refocus on passenger experience and consumer protection issues. Airlines are working hard to address scenarios that may affect the passenger experience during air travel today, including remediating weather delays and personnel-related issues. The Biden Administration has made consumer protections in the aviation industry
U.S. Dept. of Transportation launches online dashboard to address airline family seating charges
The United States Department of Transportation (“DOT”) launched a new online dashboard in another step by the Biden Administration to strengthen aviation consumer protections.
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U.S. DOT issues new final rule on bumping
On January 13, 2021, the Department of Transportation (DOT) issued a new final rule amending its rules regarding oversales and compensation due to passengers who are denied boarding involuntarily — a practice known as “bumping”. The final rule was issued in accordance with the Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2018 (“TICKETS Act”)[1] which required the DOT complete a rulemaking to clarify that:
- there is no maximum level of compensation an air carrier or foreign air carrier may pay to a passenger who is involuntarily denied boarding as the result of an oversold flight, and
- the denied boarding compensation levels set forth in DOT regulations are the minimum levels of compensation an air carrier or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold flight.
The final rule prohibits airlines from involuntarily denying boarding to a revenue passenger after the revenue passenger has checked-in for the flight and the passenger’s boarding pass has been collected or scanned and the passenger has been “accepted by the gate agent”, subject to safety and security exceptions that may require removal of the passenger. In addition, the final rule states that the passenger can be removed if the passenger is engaging in behavior that is “obscene, disruptive, or otherwise unlawful.” The final rule also makes clear that it does not limit the authority of the pilot of the aircraft provided for in 14 CFR 121.533.
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