OACP DISMISSES REFUND-RELATED COMPLAINTS FILED DURING COVID ERA
June 15, 2026
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On May 8, 2026, DOT’s Office of Aviation Consumer Protection (“OACP”) dismissed several longstanding formal complaints alleging that U.S. and foreign air carriers violated 49 U.S.C. § 41712 (“Section 41712”) by failing to provide refunds for cancelled flights during the COVID-19 pandemic. For instance, OACP dismissed two complaints which were initially filed against JetBlue in August 2020 alleging that the U.S. air carrier engaged in an unfair and deceptive practice under Section 41712 by failing to provide a refund for a flight which was subsequently cancelled. JetBlue responded to those allegations in September 2020 noting that the claimant voluntarily cancelled his non-refundable ticket before JetBlue ever cancelled the flight in question and JetBlue subsequently issued travel credits in accordance with its refund policy. After agreeing with those arguments, U.S. regulators found that the claimant failed to state a claim upon which relief may be granted and therefore no enforcement action was warranted. Other U.S. and foreign air carriers that enjoyed similar complaint dismissals included Delta Air Lines, Air New Zealand, and El Al Israel Airlines.
As the statutory prohibition against unfair and deceptive practices, Section 41712 provides OACP with broad statutory authority to commence potentially onerous enforcement actions against U.S. and foreign air carriers who are deemed to have engaged in unfair and deceptive practices in air transportation or the sale of air transportation. In recent years, airline passengers have been filing complaints under Section 41712 with increasing regularity so carriers should be aware of this trend and ensure that their personnel are well-equipped to respond to complaints contending that the carrier violated DOT consumer protection laws. These recent dismissals also stress how important contractual defenses within a carrier’s Conditions of Carriage can be when responding to passenger complaints. Carriers should proactively modify their Conditions of Carriage to incorporate contractual protections, especially those concerning non-refundable tickets.
This Aviation Blog Post 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; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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