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      "date": "2016-08-17",
      "retrieved": "2016-11-28T21:45:33.965266",
      "title": "Airline Passenger Rights: The Federal Role in Aviation Consumer Protection",
      "summary": "The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking.\nThe House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary congressional committees of jurisdiction over airline passenger rights. Congress can authorize or require the U.S. Department of Transportation (DOT) to enact rules on certain issues, and it can enact requirements for airlines through direct legislation. In specific cases, DOT may take enforcement actions against air carriers that violate consumer protection rules.\nMost of DOT\u2019s consumer rules are based on 49 U.S.C. \u00a741712, which directs it to \u201cprotect consumers from unfair or deceptive practices.\u201d Some are based on DOT\u2019s authority to require air carriers in interstate transportation to provide \u201csafe and adequate service\u201d (49 U.S.C. \u00a741702). The interpretation of the phrase \u201cunfair or deceptive\u201d can significantly affect the scope of DOT\u2019s enforcement authority.\nIn December 2009, DOT issued a comprehensive final rule, \u201cEnhancing Airline Passenger Protections,\u201d that expanded regulatory protections for aviation consumers. The rule established procedures related to extended ground delays involving aircraft with passengers aboard, required air carriers to address chronically delayed flights, and mandated more information disclosure to consumers. In April 2011, DOT completed a further rulemaking that strengthened the rights of air travelers in the event of oversales, flight cancellations, and delays. The rule also required consumer access to accurate and adequate information when selecting flights, and improvements in agency responsiveness to customer complaints. A key provision of the 2011 rules, requiring airlines to prominently disclose to the consumer the total cost of a flight, including all government and airline taxes and fees, was upheld in the federal courts.\nThe FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190), signed into law by the President on July 15, 2016, included a few provisions regarding the rights of airline passengers and created a firmer statutory basis for certain rules already adopted by DOT. However, the legislation did not address a number of consumer-related subjects, including disclosure of code-share arrangements on domestic flights, compensation of passengers \u201cbumped\u201d from oversold flights, and disclosure of ancillary fees. Proposals to overturn a DOT policy requiring that airline and travel websites give most prominent display to the total cost of a flight, including taxes and fees, were not included in the act. Such action would have allowed airlines to advertise base airfares, even though consumers would not be able to purchase transportation at those prices.",
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          "source": "IBCList",
          "id": 4766,
          "name": "Aviation"
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      "source": "EveryCRSReport.com",
      "id": 443276,
      "date": "2015-07-21",
      "retrieved": "2016-04-06T18:46:08.590656",
      "title": "Airline Passenger Rights: The Federal Role in Aviation Consumer Protection",
      "summary": "The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking.\nThe House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary congressional committees of jurisdiction over airline passenger rights. Congress can authorize or require the U.S. Department of Transportation (DOT) to enact rules on certain issues, and it can enact requirements for airlines through direct legislation. In specific cases, DOT may take enforcement actions against air carriers that violate consumer protection rules.\nMost of DOT\u2019s consumer rules are based on 49 U.S.C. \u00a741712, which directs it to \u201cprotect consumers from unfair or deceptive practices.\u201d Some are based on DOT\u2019s authority to require air carriers in interstate transportation to provide \u201csafe and adequate service\u201d (49 U.S.C. \u00a741702). The interpretation of the phrase \u201cunfair or deceptive\u201d can significantly affect the scope of DOT\u2019s enforcement authority.\nIn December 2009, DOT issued a comprehensive final rule, \u201cEnhancing Airline Passenger Protections,\u201d that expanded regulatory protections for aviation consumers. The rule established procedures related to extended ground delays involving aircraft with passengers aboard, required air carriers to address chronically delayed flights, and mandated more information disclosure to consumers. In April 2011, DOT completed a further rulemaking that strengthened the rights of air travelers in the event of oversales, flight cancellations, and delays. The rule also required consumer access to accurate and adequate information when selecting flights, and improvements in agency responsiveness to customer complaints. A key provision of the 2011 rules, requiring airlines to prominently disclose to the consumer the total cost of a flight, including all government and airline taxes and fees, was recently upheld in the federal courts.\nThe FAA Modernization and Reform Act of 2012 (P.L. 112-95), signed into law by the President on February 14, 2012, included a number of provisions regarding the rights of airline passengers and created a firmer statutory basis for the rules adopted by DOT in 2009 and 2011. Nonetheless, a number of consumer-related subjects, including disclosure of code sharing arrangements on domestic flights, compensation of passengers \u201cbumped\u201d from oversold flights, and disclosure of ancillary fees, remain controversial. There were efforts in the 113th Congress to overturn a DOT policy requiring that airline and travel websites give most prominent display to the total cost of a flight, including taxes and fees. Such action would have allowed airlines to advertise base airfares, even though consumers would not be able to purchase transportation at that price.",
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      "topics": [
        {
          "source": "IBCList",
          "id": 3281,
          "name": "Aviation Policy"
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      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811139/",
      "id": "R43078_2013May20",
      "date": "2013-05-20",
      "retrieved": "2016-03-19T13:57:26",
      "title": "Airline Passenger Rights: The Federal Role in Aviation Consumer Protection",
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