The U.S. Department of Transportation (USDOT) announced Monday a final rule that would allow it to act quickly to protect aviation consumers from unfair and deceptive practices.
The DOT said the rule will simplify and speed up the department’s hearing procedures when it issues consumer protection rulemakings to prohibit airlines and ticket agents from engaging in unfair or deceptive practices.
Aviation consumer protection regulations, like those covering advertising, overbooking, and tarmac delays, stem from the DOT’s authority to prohibit unfair and deceptive practices. That same authority will now cover airline ticket refunds and airline ancillary fee transparency.
Currently, if the USDOT proposes a rulemaking that protects consumers from an unfair or deceptive practice, interested parties have the right to request a hearing to examine whether or not the USDOT’s views are based on the right economic or scientific foundation. The new rule would provide all interested parties with the opportunity to be heard while providing the DOT with greater flexibility to prevent aviation consumer protection rulemakings from being delayed. The final rule also clarifies that hearings will only be granted if they are in the public interest.
“This rule improves the Department’s ability to issue timely rules that protect airline consumers from unfair and deceptive practices, a responsibility the Department takes seriously,” said U.S. Deputy Secretary of Transportation Polly Trottenberg.
The USDOT also announces that it intends to issue an interpretive rule, or guidance, on the definitions of “unfair” and “deceptive” for the purposes of aviation consumer protection. The interpretive rule will further explain the meanings of the terms as they pertain to the regulation.