IATA SEEKS TERMINATION OF BIDEN-ERA CONSUMER PROTECTION RULES
March 6, 2025
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On February 11, 2025, the Department released a letter sent to Secretary Duffy by the International Air Transport Association (“IATA”) itemizing industry concerns about purported regulatory overreach during the former Obama and Biden administrations. The IATA letter contends that the Department, under President Obama and most recently under President Biden, strayed considerably from free market principles underpinning the Airline Deregulation Act of 1978 (“ADA”). For instance, IATA claims the two administrations exceeded DOT’s narrow authority under the ADA and pointlessly imposed exorbitant costs on the industry without understanding how airlines operate. Citing deregulation efforts undertaken during the first Trump administration, IATA requests immediate action to either terminate or modify rulemaking related to passenger rights and consumer protections. Deregulatory actions requested by IATA include:
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Terminate the “Airline Passenger Rights” Advance Notice of Proposed Rulemaking
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Terminate the “Enhancing Transparency of Airline Ancillary Service Fees” Rule
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Terminate the “Competition in Air Transportation” Request for Information
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Modify the “Refunds and Other Consumer Protections I” Rule
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Modify the “Family Seating in Air Transportation” Notice of Proposed Rulemaking
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Review Disability Rights Regulations such as the “Ensuring Safe Accommodations for Air Travelers with Disabilities Using Wheelchairs” Rule
In addition to the above, IATA also provided commentary on timely aviation-related issues impacting its 350 members in more than 120 countries. A few issues, among others, include modernizing U.S. air traffic control equipment/facilities, supporting the Worldwide Airport Slot Guidelines adoption, and raising the mandatory retirement age for pilots. IATA also took issue with how broadly the prior administrations interpreted the “unfair and deceptive practices” standard and urged DOT to adopt a narrower reading as originally intended.
No action has been taken by the Department to date on these rules, or on IATA’s requests, but we will continue to closely monitor the situation and keep you updated on any new developments.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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