NCL applauds DOT advancement of delay compensation rules

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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

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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

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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

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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

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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.

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Family seating rules are a victory for passenger rights

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August 1, 2024

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

WASHINGTON, DC – The National Consumers League (NCL) today applauded the U.S. Department of Transportation (DOT) for proposing long-sought rules requiring air carriers to seat families together at no additional cost. These rules are the culmination of more than a decade of advocacy by advocates, including NCL for common-sense family seating protections.

The following statement is attributable to Sally Greenberg, chief executive officer of the National Consumers League:

“This decision marks the end of the ‘parent tax’ that airlines have gotten away with charging hard-working American families for far too long. Thanks to these common-sense, pro-family rules, parents will soon no longer have to choose between paying a junk fee to sit with their kids or put their children and other passengers at risk by being separated from them in the air. We applaud the leadership shown by the Biden-Harris Administration, Secretary Buttigieg and pro-consumer champions in Congress who helped bring these rules to fruition. NCL looks forward to participating in the rulemaking process and getting these protections across the finish line.”

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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.

Chaotic evacuation of American Airlines Flight 2045 shows urgent need for updated evacuation standards and minimum seat sizes

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July 17, 2024

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

WASHINGTON, DC – The evacuation of American Airlines Flight 2045 on July 12 at the San Francisco International Airport appears to have taken significantly longer to complete than the federal standard of 90 seconds. While only minor injuries have been reported, delays in the evacuation created an unacceptable risk of major injuries or death for the passengers and crew on board.

Such chaotic scenes again highlight the urgent need for the Federal Aviation Administration (FAA) to update its emergency evacuation standards to reflect the modern flying environment.

The lengthy American Airlines evacuation was not an anomaly; evacuations over the past decade have consistently exceeded the FAA’s 90-second standard. Evacuation standards were last updated in 2005 and over the intervening 19 years, the in-cabin environment has evolved substantially. Despite these changes, the FAA has rejected or failed to act on 27 recommendations from the FAA Emergency Evacuation Standards Advisory Rulemaking Committee or those of the U.S. Department of Transportation’s own Inspector General. 

As a result, the American Economic Liberties Project, Consumer Action, Consumer Federation of America, FlyersRights, the National Consumers League, Travelers United, and U.S. PIRG are calling on the FAA to urgently address its antiquated safety regulations by:

Updating outdated evacuation standards. Current standards do not reflect the modern cabin environment and do not account for passengers of all ages and body types, record-high passenger load factors, the proliferation of personal electronic devices, the increased amount of carry-on baggage, or the cramped seating conditions of modern aircraft.

Establishing minimum passenger seat sizes. Despite receiving two mandates from Congress and over 26,100 public comments on the issue, the FAA still has not set minimum dimensions for airplane seats. The consistent shrinking of passenger seating has allowed carriers to increase the number of passengers in the aircraft without also increasing the number of exits. Additionally, the cramped seating poses a physical impediment to quick evacuation of the aircraft. 

“The FAA has the ability to reduce the risk of the chaos like what unfolded on Flight 2045,” said John Breyault, National Consumers League vice president of Public Policy, Telecommunications, and Fraud. “Passenger safety and a profitable airline industry are not mutually exclusive. For too long, however, the agency has allowed the airline industry’s concerns about its bottom line to stand in the way of creating standards that lead to a safer cabin environment. That has to stop.”

“The FAA is long overdue in updating its emergency evacuation training and procedures,” said William J. McGee, senior fellow for Aviation & Travel at American Economic Liberties Project. “In recent years we’ve gotten very lucky, as numerous potentially deadly evacuations far exceeded the FAA’s own 90-second timeline. It’s time to rely on proven standards rather than luck.”

“This serves as another example of why the FAA must look at this issue with the importance it deserves,” said Teresa Murray, consumer watchdog director, U.S. PIRG. “The recent evacuation tests relied on ‘able-bodied adult subjects under 60,’ the FAA acknowledged in 2022. We all know this doesn’t reflect modern travel — planes filled with children, senior citizens, people with disabilities and people who are heavy. This issue must be prioritized before we have a tragedy.”

“Emergency landings and emergency evacuations occur several hundred times annually often due to smoke or fire in the cabin. The latest incident showed confusion and panic after a fire erupted in the rear of the plane,” said FlyersRights President Paul Hudson. “Needed improvements were recommended unanimously by the FAA Emergency Evacuation Advisory Rulemaking Committee in 2020. But it is up to FAA Administrator Whitaker to take action, without further delay.”

“This terrifying event is a stark reminder to the FAA to move forward with updated, safer evacuation standards and seating dimensions that reflect current air travel conditions,” said Erin Witte, director of consumer protection at Consumer Federation of America. “We urge the FAA to take the opportunity provided by Congress in the Reauthorization Act to publicly commit to addressing these issues.”

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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.

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

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May 28, 2024

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

WASHINGTON, DC – With the summer travel season under way, consumer and passenger rights advocates today called on the Biden Administration to act expeditiously on consumer protection rulemakings and other actions mandated by the recently enacted Federal Aviation Administration (FAA) reauthorization language. In a letter to President Biden and Secretary Buttigieg, the groups urged the Administration to prioritize the following actions:

  • Nominating a pro-passenger Assistant Secretary of Aviation Consumer Protection;
  • Ensuring that the FAA establishes minimum seat size standards for air carriers;
  • Improving reporting of the causes of flight delays to the U.S. Department of Transportation (DOT);
  • Ensuring that customer service channels are staffed by humans; and
  • Completing an independent non-partisan study of airline industry consolidation.

“Beginning the hard work of making airline travel less frustrating for passengers should not wait for the next election,” said John Breyault, Vice President of Public Policy, Telecommunications, and Fraud at the National Consumers League (NCL), which organized the letter. “Congress gave the Administration an aggressive timeline for implementing the new law, and we do not want these important new protections to be slow walked.”

“Both parties and both Houses of Congress put forth key protections for consumer advocacy, competition, and safety,” said William J. McGee, Senior Fellow for Aviation & Travel at American Economic Liberties Project. “In the past we’ve seen legislation that was not fully acted upon, and we urge the Biden Administration to swiftly and decisively implement these new laws.”

“The message from Congress is clear: the Administration must promptly take concrete steps to improve air travel for Americans,” said Erin Witte, Director of Consumer Protection for Consumer Federation of America. “Rather than waiting or delaying, the Administration should push forward and prioritize the implementation of the Reauthorization Act.”

“Congress has done its job and now it’s time for the Administration to do theirs,” said Teresa Murray, Consumer Watchdog Director at U.S. PIRG. “As we saw during COVID, our economy and our quality of life relies a lot on safe, reliable air travel. We’re eager to see these changes enacted quickly in hopes that air travel will become pleasant again.”

“Since 2007, FlyersRights as the largest airline passenger organization has been advocating for many of the provisions in this legislation,” said Paul Hudson, President of FlyersRights.org. “But while Congress previously required the FAA to enact numerous measures such as minimum seat size in 2018, FAA and DOT have often failed to act on Congressional mandates. This time must be different!”

The letter was signed by nine consumer and passenger advocacy organizations, including the American Economic Liberties Project, Consumer Action, Consumer Federation of America, Consumer Reports, FlyersRights.org, National Consumers League, Public Citizen, Travelers United, and U.S. Public Interest Research Group.

To read the full letter, click 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 nclnet.org.

Consumer advocates support federal review of air industry’s data collection practices

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April 29, 2024

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

Washington, DC – Today, a coalition of seven consumer and public interest advocacy organizations sent a letter to the U.S. Department of Transportation supporting the agency’s review of airline and ticket agents’ data collection practices.

The coalition outlined several areas concerning passenger privacy that DOT should examine, including:

  • How airlines collect consumer data from their websites and mobile apps, including sensitive data like precise location information and web browsing activity
  • How airlines collect and use consumer data in relation to their mileage and rewards programs
  • How airlines collect and use consumer data in relation to the New Distribution Capability system

Additionally, the coalition urged DOT to explore permanent mechanisms for consumers to have better control over their own data, such as requiring aviation companies to follow data minimization principles, implementing transparency requirements around industry actors’ data practices, and creating tools for consumers to exclude themselves from those practices.

Airlines currently enjoy unique privileges that almost no other industry in the nation has. The U.S. Department of Justice, the Federal Trade Commission, and state governments are unable to hold air carriers accountable for violations of consumer protection and civil rights laws—only DOT has this authority.

The signatories to the letter are the American Economic Liberties Project, Consumer Action, Consumer Federation of America, Ed Perkins on Travel, FlyersRights, the U.S. Public Interest Research Group, and the National Consumers League. The full letter can be found 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 nclnet.org.

Airline passenger advocates hail landmark junk fee rules

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April 25, 2024

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

Washington, DC – Airline passenger rights advocacy organizations today hailed new rules announced by the U.S. Department of Transportation (DOT) that will make it easier to obtain refunds for cancelled flights and ancillary services that aren’t provided. The groups also applauded the finalization of regulations that will make it easier for flyers to do apples-to-apples comparisons of flight costs. The groups, which supported passage of these new protections for more than four years, urged Congress to follow suit and include these protections in the forthcoming FAA reauthorization bill. 

“Too often, airlines promise one thing and fail to deliver it,” said National Consumers League CEO Sally Greenberg. “The law says that when this occurs, consumers should get a refund. Far too often, the airlines make the process of getting your money back unnecessarily difficult. Today’s rules promise to bring sanity to the refund process. In addition, the new rules on fee transparency will make it easier for consumers to get an accurate price for their flights upfront. This is a far better solution making consumers wait until the end of the ticket buying process to learn what their true cost will be.” 

“It has become painfully clear that the status quo is no longer working in air travel, and we are glad to see Secretary Buttigieg acknowledge that consumers deserve better,” said Erin Witte, director of consumer protection at Consumer Federation of America. “These rules will bring transparency to opaque ticket pricing, and they will put the responsibility for refunds where it belongs: on airlines, not consumers.” 

“It’s a shame that it takes actual rules to get airlines to do the right thing and take better care of their passengers,” said Teresa Murray, Consumer Watchdog Director at U.S. Public Interest Research Group. “It’s important to remember that most Americans fly only once every 12 to 18 months. These rules will especially help those travelers who aren’t as familiar with their rights.” 

“We applaud the DOT’s move to require refunds for consumers —by default—when flights are cancelled or ‘significantly’ delayed,” said Ruth Susswein, Consumer Action’s Director of Consumer Protection. “This clear directive is sorely needed and a significant improvement for airline passengers.” 

“For years, domestic and foreign airlines both large and small have made it as hard as possible to give passengers well deserved refunds for disruptions they’ve caused or services they’ve failed to provide,” said William J. McGee, Senior Fellow for Aviation and Travel at the American Economic Liberties Project. “The DOT’s new rule is a watershed moment for passenger protection in the airline industry, making it easy and accessible for consumers to get relief when Too-Big-To-Care airlines run roughshod over them. This news follows a positive sea change in the DOT’s enforcement activity under the Biden administration, including supporting the DOJ’s successful JetBlue-Spirit merger challenge, a historic enforcement action against Southwest, and new efforts to empower state attorneys general to address consumer complaints. There’s more work to be done, but the DOT is showing that it’s getting serious about taking on corporate power across the airline industry—and we’re thrilled to see that.” 

The new rules come as Congress closes in on approval of legislation reauthorizing the Federal Aviation Administration. The passenger rights groups are calling on leaders in the House and Senate to ensure that additional protections are put in place to ensure that a future DOT does not roll back these hard-won consumer protections. 

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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.