U.S. SENATORS INTRODUCE BILLS ON AIRLINE PASSENGER PROTECTIONS – FAIR FEES ACT AND AIRLINE PASSENGERS’ BILL OF RIGHTS
March 1, 2023
Several U.S. Senators recently reintroduced legislation aimed at strengthening airline passenger protections, including proposals to require that airlines issue passenger refunds more quickly after flight disruptions and to further regulate airline fees for ancillaries like seating assignments and baggage. One piece of legislation proposed, known as the “Forbidding Airlines from Imposing Ridiculous Fees Act” or “FAIR Fees Act”, would prohibit U.S. airlines from charging fees including cancellation, change, and bag and seat fees that are not “reasonable and proportional” to the costs of the services actually provided by the airline. If adopted as written, the bill would also direct the U.S. Department of Transportation (“DOT”) to review other fees imposed by U.S. airlines to determine whether the fees are reasonable and proportional to the costs incurred by the airline, and make sure that U.S. airlines allow children and their family members to sit together on flights at no additional cost.
Relatedly, the “Airline Passengers’ Bill of Rights”, which would apply to both U.S. and foreign airlines, would require airlines to offer at least $1,350 to travelers bumped from oversold flights, effectively eliminating the current dollar limitations on compensation for passengers denied boarding due to overbookings. The bill would also require that airlines offer compensation to passengers for delayed or cancelled flights and provide notifications to passengers on their rights and eligibility to receive a refund, and require that airlines immediately refund bag fees for lost or damaged bags. The bill would also prohibit airlines from reducing the size of aircraft seats or legroom space until a minimum seat size requirement is implemented. If adopted as written, the bill would also create a private right of action for passengers allowing them to file suit against airlines in U.S. state and federal courts for unfair and deceptive practices, and would increase the amount of civil penalties that may be imposed on airlines for violations of passenger protections.
We will provide further updates on the progress of these new bills as we receive them.
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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