RECAP OF DOT ACPAC MEETING ON TICKET REFUNDS AND ANCILLARY FEES NPRMS
February 8, 2023
On January 12, 2023, DOT’s Aviation Consumer Protection Advisory Committee (“ACPAC”) held a final meeting to discuss the Department’s proposed rules (“NPRMs”) on “Transparency of Airline Ancillary Service Fees and Related Consumer Protection Matters” and “Airline Ticket Refunds and Consumer Protections”, and to finalize its recommendations to DOT on the rules. Some of the notable ACPAC recommendations are detailed below:
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A unanimous vote that the ACPAC recommend that DOT codify its longstanding policy to require that airlines and ticket agents provide prompt refunds to consumers when airlines cancel or make a significant change to flight itineraries and consumers do not accept alternative transportation offered by airlines or ticket agents.
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A vote to support DOT’s proposed definition for “cancelled flight” as defined in the NPRM.
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A vote to recommend that DOT adopt its proposal to define a significant delay as a delay of 3 hours or more for domestic flights and 6 hours or more for international flights.
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A vote to support DOT’s proposal to require airlines and ticket agents to issue non-expiring travel credits or vouchers for three categories of consumers whose travel is impacted by a reason related to a serious communicable disease; and a vote to support DOT’s proposal to require that the travel credits or vouchers be transferable to other passengers.
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A vote to support DOT’s proposal to require that once it has made a final determination on which airlines or ticket agents are required to provide refunds in lieu of credits or vouchers because they have received significant government assistance, the relevant airlines and ticket agents provide notifications to eligible consumers to inform them that they may request a refund.
The meeting then turned to discussions on DOT’s NPRM on ancillary fees. The discussions were focused on five topics including proposed requirements related to: (1) disclosure of baggage fees, (2) disclosure of change and cancellation fees, (3) disclosure of transactability of family seating fees, (4) data sharing between airlines and ticket agents, and (5) the Department’s proposed changes to existing rule requirements, and the suggestion to change (i.e., extend) the compliance implementation period by various individuals and industry groups.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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