OACP SEEKS TO DIAL BACK INVESTIGATORY AND ENFORCEMENT ACTIVITY
February 6, 2026
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On January 6, 2026, the U.S. Department of Transportation’s Office of Aviation Consumer Protection published a Notice of Proposed Guidance to modify investigatory and enforcement policies and procedures in light of President Trump’s deregulatory agenda. In contrast to the former Biden administration, current DOT leadership rejects overly broad interpretations of governing statutes and regulations, meaning that carriers are less likely to face enforcement actions unmoored from clear statutory authority. Rather than immediately opening an enforcement action and assessing excessive civil penalties, the Notice clarifies that OACP will first attempt to address the problem by issuing a warning letter so that carriers can take proactive measures to remedy purported violations. DOT believes that doing so will encourage U.S. and foreign air carriers to adopt a culture of compliance and to identify problematic practices before OACP pursues enforcement action. When carriers and ticket agents voluntarily self-disclose violations to OACP and independently implement corrective actions, the Notice indicates that those regulated entities are much less likely to face enforcement action and/or civil penalties. In other words, DOT plans to reserve enforcement proceedings for serious instances of “widespread, systemic, egregious, or intentional violations.” If finalized, OACP’s approach to enforcing aviation consumer protection regulations would be akin to current enforcement practices of the FAA.
The Notice also provides clarity on what factors OACP will consider when imposing civil penalties consistent with statutory authority. Those factors include but are not limited to:
- The number of violations;
- How long the violations continued, especially after the alleged violator’s management became aware of them;
- The harm caused by the violations, as well as steps taken to reimburse passengers or otherwise correct the harm;
- Whether the violations were inadvertent or deliberate;
- The alleged violator’s enforcement history;
- The alleged violator’s experience/sophistication level (e.g., new airline or established carrier; foreign air carrier with limited service to U.S.); and
- Whether the violations were voluntarily self-reported by the alleged violator.
OACP may also be willing to include “offsets” in settlements when carriers exceed regulatory requirements (e.g., compensating passengers when not required by DOT regulations, purchasing new equipment, or implementing systems that provide consumer benefits beyond what is required under current law). Comments from industry on the Notice are due by February 5, 2026.
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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