Court Of Appeals Blocks Rule Limiting Airline ‘Junk’ Fees

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Key Takeaways:

  • A US Court of Appeals temporarily blocked a Department of Transportation (DoT) rule mandating upfront disclosure of airline fees.
  • The rule, requiring airlines to include all fees in the initial ticket price, was opposed by the airline industry.
  • The court's decision, pending a full review, is a setback for the Biden administration's "junk fee" consumer protection efforts.
  • The court sided with the airlines, stating the DoT rule likely exceeds its authority and would harm airlines.
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The U.S. Court of Appeals has temporarily blocked a rule from the Department of Transportation (DoT) to mandate upfront disclosure on airline fees and final travel costs for consumers. According to a report by Reuters, the court ruling blocks the new DoT rule pending a full review. The move is seen as a notable setback for the Biden administration’s efforts to invoke consumer protections regarding so-called “junk fees” attached to ticket pricing.

In April, a DoT final rule required airlines and ticket agents to fully disclose service fees along with the base airfare ticket cost. Seen as a move to clarify final travel costs for travelers, the rule was opposed by the airline industry, which argued the rule would create confusion among customers.

A three-judge panel of the 5th U.S. Circuit Court of Appeals apparently supports the airlines’ position and granted a request for a temporary block, writing that the rule “likely exceeds DoT’s authority and will irreparably harm airlines.” The industry had argued airlines would have to “spend millions” to recast their pricing platform to clarify baggage, rescheduling, cancellation and other fees for consumers.

Mark Phelps

Mark Phelps is a senior editor at AVweb. He is an instrument rated private pilot and former owner of a Grumman American AA1B and a V-tail Bonanza.
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