Consumer groups file comments supporting DOT delay compensation rules 

Media Contact: Lisa McDonald, Vice President of Communications, 202-207,2829

Washington, DC – Yesterday, the National Consumers League (NCL) and four other public interest organizations filed comments with the U.S. Department of Transportation (DOT) urging the Department to implement passenger protections in the event of significant flight delays and cancellations. Under federal law enacted last year, DOT must act on the issue by May 16.

NCL, the American Economic Liberties Project, Consumer Action, the Consumer Federation of America, and Travelers United called for:

  • Automatic cash compensation to consumers affected by flight disruptions that could have been prevented by the carrier
  • Food, drink, and lodging during disruptions
  • Maximum customer service wait times of 10 minutes
  • Rebooking on the next available flight
  • Prompt notice to disrupted travelers of their legal rights

The full comments can be found here.

Further reading:

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About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org. 

NCL calls for immediate action on aviation safety following tragic Washington, DC plane crash

Media Contact: Lisa McDonald, Vice President of Communications, 202-207-2829

Washington, DC — National Consumers League (NCL) is heartbroken by the tragic crash of American Airlines Flight 5342 in Washington, DC. We extend our deepest condolences to the families and loved ones of the 64 passengers and crew members who perished, as well as the three service member aboard the Army Black Hawk helicopter. This tragedy is a stark reminder that safety must be the #1, #2, and #3 priority, above all else, in our nation’s aviation system.

This crash follows a long-standing and growing concern about the dangers of overcrowded airspace, particularly at Ronald Reagan Washington National Airport (DCA), home to the busiest runway in the nation. The airspace around DCA, heavily congested with both passenger planes and military aircraft on security patrols, has seen a series of near-misses and incidents. Experts and lawmakers have repeatedly warned about the risks, citing a series of near-misses and incidents—including a recent incident where a catastrophic runway collision was narrowly avoided. Despite these red flags, Congress continues to push for increased flights in this already overburdened airspace.

This tragedy must serve as a wake-up call for the urgent action. It is critical to reevaluate flight patterns, air traffic control resources, and safety protocols. To restore passenger trust in air travel, we need a thorough, transparent investigation into this tragedy, along with a concrete plan to address the underlying issues of congestion and air traffic control shortages.

“While investigations will seek to determine the precise cause of this crash, one thing is clear: we must not wait for another catastrophe to make air travel safer,” says John Breyault, Vice President of Public Policy, which has been pushing for passenger safety and updated evacuation policies. Breyault served on the Aviation Consumer Protection Advisory Committee from 2021-2024.

When speaking to the media President Trump has recklessly blamed diversity, equity, and inclusion hires —along with the last two Democratic presidents —for the crash. This politically motivated finger-pointing isn’t just misleading; it’s a blatant attempt to distract from the real issues. NCL urges lawmakers, regulators, and the aviation industry to come together and take immediate steps to enhance safety in our nation’s airspace. It is time to prioritize reforms that protect the lives of passengers and restore confidence in air travel.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL statement on court siding with airlines against price transparency 

Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Late last night, the U.S. Court of Appeals for the 5th Circuit chose to block a pro-consumer DOT rule that would have required the disclosure of baggage, change, and cancellation fees at the start of the purchasing process for airfares. The court cited a procedural reason related to a regulatory impact analysis in allowing airlines to continue overcharging consumers $543 million in hidden fees each year.  

“It’s disappointing that the 5th Circuit sided with airline profits over consumers. Price transparency is overwhelmingly popular and should not be a litigated issue,” said NCL VP of Public Policy, Telecommunications, and Fraud John Breyault. “While this is a temporary loss for passengers, we are pleased that the court appears to have rejected the airline industry’s efforts to get a free pass from DOT oversight entirely.” 

In the decision, the court did reject the airlines’ reckless argument that DOT lacks the authority to issue regulations prohibiting predatory business practices, a claim that threatened decades of consumer protection law. 

Further reading: 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

NCL statement on confirmation of DOT Secretary Sean Duffy 

Media Contact: Lisa McDonald, Vice President of Communications, (202)- 207-2829

Washington, DC – Today, the Senate confirmed Sean Duffy as secretary of the U.S. Department of Transportation (DOT). Secretary Duffy will lead the Department as a number of critical aviation passenger protection issues remain unresolved or unaddressed, including: 

·                  Acting on an unfulfilled Congressional mandate to require airlines to seat families together, without incurring extra charges 

·                  Acting on multiple unfulfilled Congressional mandates to establish minimum seat sizes 

·                  Acting on an unfulfilled Congressional mandate to update emergency evacuation standards that are decades out of date 

·                  Defending the Department’s authority to require transparent pricing of airfares against a lawsuit brought by air carriers 

·                  Bringing U.S. regulations in line with international standards to promote market competition and provide cash compensation to passengers affected by significant flight disruptions and cancellations 

Secretary Duffy will also be charged with curbing the unacceptably high number of automobile fatalities and injuries on our nation’s roads, which accounted for approximately 42,000 deaths and over 5.2 million injuries in 2022. 

“Secretary Duffy inherits the mantle of one of the most pro-consumer DOT’s we’ve ever seen,” said John Breyault, NCL Vice President of Public Policy, Telecommunications, and Fraud. “We look forward working with the new leadership at DOT to complete these outstanding airline passenger protection to-do’s and take additional steps to promote the public interest and competition in our nation’s transportation industries more broadly.” 

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit nclnet.org.

NCL applauds DOT’s historic actions to require realistic airline scheduling 

Media Contact: Lisa McDonald, Vice President of Communications, (202) 207-2829

Washington, DC – The U.S. Department of Transportation (DOT) announced a lawsuit yesterday against Southwest Airlines for chronically delayed flights. The lawsuit marks the first time an airline will face DOT charges in court for unrealistic scheduling. In the same announcement, DOT stated it issued a fine against Frontier Airlines for the same illegal conduct. This announcement came just weeks after the Department levied its first ever fine for chronically delayed flights against JetBlue Airlines.

“Advertised schedules should mean something. And when airlines habitually fail to meet their schedules, they should be held accountable,” said NCL Vice President John Breyault. “DOT’s actions have set a welcome precedent for future consumer protection action. We encourage the incoming Trump Administration to build on this record and continue protecting the flying public from illegal conduct.”

In all three of the cases, the airlines flew consistently delayed routes over the course of several consecutive months, according to flight performance data carriers regularly submit to DOT’s Bureau of Transportation Statistics. Flight disruptions can quickly rack up costs for affected travelers who might seek rebooking or alternative transportation, require overnight accommodations, or miss scheduled events.

Further reading:

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds DOT advancement of delay compensation rules

December 5, 2024

Media contact: National Consumers League – Lisa McDonald, lisam@nclnet.org, 202-207-2829

Washington, DC – Today, the U.S. Department of Transportation (DOT) issued an advanced notice of proposed rulemaking (ANPR) on compensating travelers for significant flight delays and cancellations. The Department is exploring remedies for passengers who are affected by disruptions that occur due to reasons within an airline’s control. Should DOT finalize a rule requiring cash compensation alongside food, lodging, and ground transportation when necessary, the U.S. would join other jurisdictions that have had similar regulations for decades, like the European Union and Canada.  

“Passengers shouldn’t bear the costs of poor business performance. Especially if you’re traveling with a family, expenses add up quickly for last-minute rebooking and accommodations when an airline has a meltdown,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “In taking this step, the Department is continuing its important work to protect airline travelers. We look forward to supporting DOT’s rulemaking effort.” 

NCL has supported a delay compensation mandate for years. In recent airline meltdowns, it has become commonplace for families to lose significant sums of money in out-of-pocket expenses, with reports highlighting losses of $2,000 to $7,500 in costs associated with rebooking flights, finding lodging, and contending with price gouging. U.S.-based air carriers already pay compensation for significant delays and cancellations when servicing certain overseas routes, like those in Europe, but do not provide those same protections when flying domestically.  

Additional reading: 

Consumer groups file amicus brief supporting DOT’s airline fee transparency rule 

NCL urges Congress to strengthen consumer protections against aviation cyber incidents, including delay compensation 

Advocates call on Biden Administration to act on airline passenger protection mandates 

NCL applauds Congress’s passage of aviation consumer protection improvements 

Full list of advocates’ legislative priorities for aviation consumer protection 

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About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

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Consumer coalition supports DOT proposal to ban family seating fees, urges action on additional passenger protection issues

November 8, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – Today, the National Consumers League (NCL) and six other public interest organizations filed comments supporting the U.S. Department of Transportation’s (DOT) proposed rule to ban fees charged to families trying to secure seats next to their children. NCL has long urged DOT to act on this important safety issue and applauds Transportation Secretary Buttigieg for taking the necessary steps toward ending this unjustifiable practice. 

“We have a basic right to fly with our children and not pay a junk fee for doing so,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “Parents should not have to choose between an affordable airline seat and their children’s safety. Congress and DOT both reached the right conclusion that ending the airlines’ unjustifiable tax on families is the right thing to do for the flying public.” 

NCL also commended DOT for raising questions regarding air carriers’ obsession with add-on fees generally, like charges for providing drinking water to passengers or printing a physical boarding pass. The availability of 24/7 live customer service and seating that meets Federal Aviation Administration (FAA) safety guidelines were also basic services that the consumer coalition urged DOT to require airlines to provide, fee-free. 

“No matter what type of ticket you bought, you should not have to worry if your airplane seat meets FAA safety guidance or if you can receive drinking water on a long flight,” said NCL Public Policy Manager Eden Iscil. “Offering affordable fares is great, but that does not justify skimping on basic consumer protections, especially when it comes to our health and safety. DOT is the only agency in the country with a mandate to regulate these issues. If it doesn’t step in, no one else will.” 

The full comments submitted by NCL, the American Economic Liberties Project (AELP), Consumer Action, Consumer Federation of America (CFA), FlyersRights, Travelers United, and the U.S. Public Interest Research Group (U.S. PIRG) can be found here

Further reading: 

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About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Consumer groups file amicus brief supporting DOT’s airline fee transparency rule

October 17, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – This week, the National Consumers League and three other public interest advocacy organizations filed a brief of amici curiae in Airlines for America, et. al v. Department of Transportation. The airline industry filed the lawsuit, claiming that the Department of Transportation (“DOT”) lacks the authority to protect passengers, after DOT finalized its rule requiring air carriers to disclose upfront the fees they charge for baggage and reservation changes or cancellations.

“DOT has put in place common-sense price transparency rules,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “Travelers deserve to know up front how much it will cost to bring a bag on a plane or cancel or change their reservation. Unfortunately, the industry’s litigation goes much further than disputing a single rule they do not like. It strikes at the heart of DOT’s ability to issue consumer protection regulations across the board.”

If the industry’s litigation is successful, it could jeopardize decades of basic—yet critical—consumer protections implemented by DOT. In addition to threatening the ancillary fee transparency rule, a ruling by the 5th Circuit in favor of the airlines could jeopardize the Full Fare Advertising Rule requiring air carriers to include all mandatory charges within their advertised prices. The lawsuit comes just four years after the same airlines received more than $50 billion in taxpayer bailouts from the federal government during the COVID-19 pandemic.

The American Economic Liberties Project, Consumer Federation of America, NCL, and the US Public Interest Research Group filed the brief supporting the fee transparency rule.

Additional reading:

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About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL urges Congress to strengthen consumer protections against aviation cyber incidents

September 18, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – Today, NCL Vice President John Breyault testified before the U.S. Senate Committee on Commerce, Science, & Transportation. The hearing examined cybersecurity threats to the air travel industry and the impacts that these disruptions have on passengers. The Committee’s inquiry follows recent disruptive events in air travel stemming from digital vulnerabilities, such as last month’s cyberattack on Seattle-Tacoma International Airport and the mass outage attributed to a CrowdStrike update in July.  

“When cybersecurity incidents occur in the airline industry, consumers are often the ones who suffer most,” stated Breyault. “Flights are delayed or canceled, personal information is compromised, and families can find themselves stranded for days without recourse.” 

Despite the surge in digital threats targeting the aviation sector, key safeguards remain absent. In his testimony, Breyault urged Congress to take steps to reduce the risk of cyber incidents and to mitigate the harm to passengers when such mishaps occur. 

Specifically, NCL advocated for Congress to: 

  • Establish comprehensive data security standards to provide a baseline of protection for the data consumers routinely share when flying; 
  • Enact legal protections against hacking, fraud, and theft for the billions of dollars in airline rewards that consumers earn, store, and redeem each year; and 
  • Codify the U.S. Department of Transportation’s authority to implement delay compensation requirements for airlines, minimizing out-of-pocket costs for passengers needing food, drink, lodging, and alternative transportation during a flight disruption. 

Breyault’s full written testimony to the Senate Commerce Committee can be found here. 

More information on NCL’s recent work to protect the flying public can be found below. 

The Senate hearing can be viewed here.

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 About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

National Consumers League statement on DOT action in Alaska-Hawaiian merger review

September 17, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, DC – The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, today applauded the United States Department of Transportation’s (DOT) historic agreement with Alaska Airlines and Hawaiian Airlines to place enforceable public interest conditions on the merger. NCL has long called for DOT to exercise its authority more forcefully to police airline industry mergers.   

The following statement is attributable to John Breyault, National Consumer League Vice President of Public Policy, Telecommunications, and Fraud: 

 “After decades of unchecked mergers, four airlines together control over two-thirds of U.S. domestic air travel. Today’s action puts the airline industry on notice that under the Biden-Harris Administration, its days of scrutiny-free consolidation are over. Consumer protection agencies like the Federal Communications Commission have long used their merger review authority to place pro-consumer and pro-competition conditions on mergers. We welcome DOT taking steps to safeguard the frequent flyer miles that Alaska’s and Hawaiian’s rewards program members have built up. And we applaud DOT for ensuring that this merger does not endanger the critical air service that rural communities in Alaska and Hawaii depend on. We look forward to DOT continuing to use all the tools in its regulatory toolbox to protect and promote competition and fairness in the air travel marketplace.” 

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 About the National Consumers League (NCL) 

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.