State AGs ask DOT to strengthen actions on flight disruptions, refunds

State AGs ask DOT to strengthen actions on flight disruptions, refunds

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A bipartisan coalition of state attorneys general on Monday penned a letter to the Department of Transportation requesting it take stronger action to prevent flight cancellations and help customers receive compensation should their travel be disrupted. 


What You Need To Know

  • A bipartisan coalition of state attorneys general on Monday penned a letter to the Department of Transportation requesting it take stronger action to prevent flight cancellations and help customers receive compensation should their travel be disrupted
  • The department in August proposed a rule that would require airlines to give refunds if their departure or arrival time changes by three hours or more for a domestic flight or at least six hours for an international one
  • The attorneys general took issue with the DOT’s proposed rule that airlines offer customers refunds if their flight is delayed by three or more hours, saying it could negatively impact customers on flights that originally would have issued refunds for delays below the three-hour threshold
  • The letter was spearheaded by attorneys general Mark Brnovich of Arizona, Phil Weiser of Colorado, William Tong of Connecticut, Tom Miller of Iowa, and Letitia James of New York, and was co-signed by another two dozen-plus attorneys general

The department in August proposed a rule that would require airlines to give refunds if their departure or arrival time changes by three hours or more for a domestic flight or at least six hours for an international one.

Refunds would also be due if the airline changes the passenger’s departure or arrival airport, adds stops in their itinerary, or causes “a significant downgrade” in the travel experience by switching to a different type of plane.

The group of 34 attorneys general in their letter to transportation secretary Pete Buttigieg noted that while the proposal had “some positive measures,” they believe it could be “strengthened” on a number of points. 

“Accordingly, we offer recommendations to reduce the rate of airline cancellations, provide meaningful relief to airline consumers whose flights have been cancelled, and better serve consumers overall,” the letter read in part. 

Among the group’s recommendations are that the DOT add a rule to “require airlines to advertise and sell only flights that they have adequate personnel to fly and support, and perform regular audits of airlines to ensure compliance and impose fines on airlines that do not comply.” 

The attorneys general cited multiple reports over the past several years in which airlines claimed flight cancellations or delays were due to inadequate staffing, alleging that despite those claims, “staffing levels appear to be well within airlines’ ability to reasonably predict and plan flight schedules.”

The attorneys general also took issue with the DOT’s proposed rule that airlines offer customers refunds if their flight is delayed by three or more hours, saying while it would benefit individuals traveling on airlines with “unclear or lengthier delay parameters for refunds,” the policy could also negatively impact customers on flights that originally would have issued refunds for delays below the three-hour threshold. 

“Because some currently published airline refund policies are more protective of consumers – providing refunds after a 120-minute delay, for example – USDOT should take steps to ensure that setting a floor does not cause some airlines to loosen their standards to the detriment of consumers,” the attorneys general wrote in part. 

The bipartisan coalition is also asking the Transportation Department to “institute a new framework” in which they respond to other concerns delineated by the attorneys general, whose offices often receive the brunt of consumer complaints in their states. 

The letter was spearheaded by attorneys general Mark Brnovich of Arizona, Phil Weiser of Colorado, William Tong of Connecticut, Tom Miller of Iowa, and Letitia James of New York, and was co-signed by another two dozen-plus attorneys general. 

“Traveling always comes with turbulence, but my office has heard from hundreds of Pennsylvanians over the past few years who have encountered unnecessary challenges to their airline travel,” Pennsylvania attorney general Josh Shapiro, a signatory on the letter, wrote in a statement. “I am hopeful that the U.S. Department of Transportation will step in to ensure travelers receive the protections they deserve when their rights are violated.”

Shapiro, who noted the letter came ahead of the often stressful winter holidays, said his office has received over 500 consumer complaints about air carriers since 2019. 

Already, some airlines are gearing up for a holiday season expected to be rife with delays and cancellations, with a blizzard hitting much of the country later this week. 

The Associated Press contributed to this report. 

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