The U.S. Department of Transportation (USDOT) announced Friday that it had issued a final rule on its definitions for the terms “unfair” and “deceptive” when it comes to aviation consumer protection regulations.
The Department said the rules would codify its authority to prohibit unfair or deceptive practices by airlines or ticketing agents.
According to the USDOT, a practice is “unfair” if it causes consumers harm or substantial injury or is likely to cause harm or substantial injury that is not reasonably avoidable. A practice is “deceptive” if it is likely to mislead a consumer with respect to affecting a consumer’s decision about a product or service.
The Department said that the airline or ticketing agent’s proof of intent is not necessary to establish whether or not a practice is unfair or deceptive.
The new rule will help consumers, and airlines or ticketing agents, understand the standard by which the department will enforce rules. Additionally, the new rule states that any future discretionary regulations will be subject to a hearing and will offer airlines and ticketing agents the opportunity to be heard and present evidence to the DOT before the department takes any enforcement action.
The final rule will become effective 30 days after publication in the Federal Register.