DOT SEEKS TO AMEND FARE ADVERTISING RULES
August 3, 2026
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On July 1, 2026, the U.S. Department of Transportation published a Notice of Proposed Rulemaking (“NPRM”) proposing several changes which would provide U.S. and foreign air carriers with greater freedom in advertising air fare prices. First, DOT seeks to revise the Full Fare Advertising Rule by eliminating the font size requirement for fare components (such as taxes and fees) and allowing fare components to be displayed with as much prominence as the fare price. Second, DOT plans to rescind nine (9) air fare price advertising guidance documents which have become outdated and unnecessary according to U.S. regulators.
The Full Fare Rule Advertising currently states that fare components “may not be displayed prominently, [and] may not be presented in the same or larger size as the total price.” As currently proposed, the NPRM would amend 14 C.F.R. 399.84(a) by eliminating the font size requirement and permitting fare components to be as prominent as the total fare. In defining “prominence”, DOT proposes that it will match the Internal Revenue Code’s requirement that the total price be listed “at least as prominently” as any component. 26 U.S.C. 7275(b)(2). DOT explained that the font rule was unnecessarily prescriptive and that “there is nothing inherently unfair or deceptive in having components of a fare be displayed ‘prominently,’ so long as the total price is just as prominent.” DOT reasons that the current requirements are unnecessarily specific and may raise First Amendment concerns by burdening commercial speech (citing Spirit Airlines, Inc. v. U.S. Dep’t of Transp., 687 F.3d 403 (D.C. Cir. 2012)). Even if the font-size restriction is eliminated and the prominence rule is reframed, DOT trusts that the core objective of prohibiting false or misleading advertising will nevertheless be preserved.
This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler R. Myers at 202.659.6642 or trmyers@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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