Airline Passenger Rights: The Federal Role in Aviation Consumer Protection, Rachel Y. Tang, Analyst in Transportation and Industry. August 17, 2016.
“The 1978 deregulation of the airline industry in the United States eliminated federal control over many airline business practices, including pricing and domestic route selection. However, the federal government continues to legislate and enforce certain consumer protections for airline passengers. Congress largely determines the degree to which the rights of airline passengers are codified in law or developed through regulatory rulemaking. The House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation are the primary congressional committees of jurisdiction over airline passenger rights. Congress can authorize or require the U.S. Department of Transportation (DOT) to enact rules on certain issues, and it can enact requirements for airlines through direct legislation. In specific cases, DOT may take enforcement actions against air carriers that violate consumer protection rules. Most of DOT’s consumer rules are based on 49 U.S.C. §41712, which directs it to “protect consumers from unfair or deceptive practices.” Some are based on DOT’s authority to require air carriers in interstate transportation to provide“ safe and adequate service” (49 U.S.C. §41702). The interpretation of the phrase “unfair or deceptive” can significantly affect the scope of DOT’s enforcement authority.”