Court Of Appeals Blocks Rule Limiting Airline ‘Junk’ Fees

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Key Takeaways:

  • A U.S. Court of Appeals has temporarily blocked a Department of Transportation (DoT) rule that would have mandated upfront disclosure of airline service fees and final travel costs.
  • The court sided with airlines, agreeing that the rule likely exceeds the DoT's authority and would cause irreparable harm by forcing costly changes to their pricing platforms.
  • This decision is considered a setback for the Biden administration's efforts to enhance consumer protections against "junk fees" in the travel industry.
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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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