DELTA FILES ANSWER TO THIRD-PARTY COMPLAINT REGARDING REFUND OF TSA PASSENGER FEES
July 16, 2021
On June 17, 2021, Delta Airlines filed an answer to a third-party complaint before the DOT which claimed that Delta had failed to refund TSA fees in the amount of $16.80 ($5.60 for a one-way segment on one ticket and $11.20 for a round-trip itinerary on another ticket) to the complainant, Benjamin Edelman. In its answer, Delta admitted that it had originally failed to provide a refund of the complainant’s TSA security fees, but that any alleged failure was due to an inadvertent mistake made by Delta’s customer care team. Delta further claimed that the mistake was not discovered in a timely manner because the request for the refund was in April 2020 when Delta was already overwhelmed with refund request during the start of the COVID-19 pandemic. Finally, Delta claimed that the matter was moot as Delta has subsequently refunded the TSA fees to the complainant and asked DOT to decline to initiate an enforcement proceeding without further investigation. On June 23, 2021, Mr. Edelman filed a motion for leave to file a reply, and a reply, alleging that the proceeding should continue because Delta has failed to refund TSA fees to other passengers.
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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