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. 

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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.