DOT RECEIVES NUMEROUS COMMENTS ON UNFAIR AND DECEPTIVE PRACTICE NPRM
April 30, 2020
On February 28, 2020, DOT published a Notice of Proposed Rulemaking (NPRM) seeking to codify definitions for the terms “unfair” and “deceptive” in the Department’s regulations implementing its aviation consumer protection statute. DOT asked interested parties to comment on the proposed regulation by April 28, 2020. So far, approximately 175 comments have been filed. It appears that the vast majority of comments have been submitted by individuals opposed to the changes, who cite concerns that DOT’s proposed changes will not be beneficial to aviation consumers. A collection of consumer rights groups, National Consumers League et. al., have requested that DOT extend the comment deadline until sixty days following the termination of President’s COVID-19 national emergency declaration in order to give all stakeholders additional time to gather information and documentation and produce comments that will substantially add to the record. Interestingly, no airline has yet submitted a comment either for or against the DOT’s proposed rule.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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