New Federal Regulation: Stronger Protections for Airline Passengers
For decades, airline passengers have often felt at the mercy of the airlines when it comes to flight cancellations and disruptions. However, recent years have seen a gradual increase in consumer protections, culminating in the passage of the FAA Reauthorization Act of 2024. Signed into law by President Joe Biden on May 16, 2024, this landmark legislation introduced significant improvements to the rights of airline passengers, ensuring that they are treated fairly and compensated appropriately in case of flight-related issues.
What’s New?
The new law, codified at 49 U.S.C. § 42305, includes the following key provisions:
- Prompt Refunds: Airlines are now required to provide prompt refunds for canceled or significantly changed flights, regardless of the reason for the cancellation. This means that if your flight is canceled due to a hurricane, mechanical issues, or other unforeseen circumstances, you are entitled to a refund. The carrier’s obligation to provide a refund is “upon request” although the
- Enhanced Consumer Protections: The regulation also includes other measures to protect consumers, such as requiring airlines to provide notification to you of your right to receive a refund.
Special Note
It’s important to note that the carriers’ obligation to provide refunds to consumers is “upon request.” However, the statute addresses some situations in which it is deemed that a consumer made a “request” even in the absence of a specific, affirmative request from the consumer:
“Subsection (f) specifies that an air carrier or foreign air carrier must consider a passenger to have requested a refund if one of the following criteria are met: (1) a flight is cancelled and the air carrier or foreign air carrier does not offer a passenger an alternative flight or any voucher, credit, or other form of compensation pursuant to subsection (c) of section 42305; (2) a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered pursuant to subsection (c) of section 42305; or (3) a passenger does not respond to an offer of either of the following: (A) a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or (B) a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.[1]
Subsection (c) specifies the manner in which an air carrier or foreign air carrier could offer a voucher, credit, or other compensation as an explicit alternative to a refund. An air carrier or foreign air carrier can make such an offer only if the offer includes clear and conspicuous notice of the offer’s terms and the passenger’s right to a full refund. The alternative compensation must remain valid and redeemable for at least five years from the date of issuance and the recipient is notified of the expiration date. In addition, upon request of an individual who self-identifies as having a disability, the notice of the expiration date must be provided in an electronic format accessible to the recipient.
[1] In a letter dated July 3, 2024, Airlines for America (A4A) urges the Department to not interpret the Act as requiring airlines to treat a passenger’s failure to respond to an offer of alternative transportation as a passenger’s election to not fly on that flight. Because the language in the Act would not allow the interpretation suggested by A4A, the Department does not adopt the requested interpretation.”
Clear Skies Ahead?
The passage of this new regulation marks a significant step forward in the ongoing effort to protect the rights of airline passengers. By providing stronger protections and clearer guidelines, the FAA has empowered consumers to demand fair treatment and hold airlines accountable for their actions. It’s important to be aware of your rights as a consumer so that you can be better prepared to advocate for yourself in case of flight-related issues.
Additional Resources
For more information on your rights as an airline passenger, please visit the following resources:
