Erin Vitte, Director of Consumer Protection for Consumer Federation of America, explains why a federal court stopped the airline junk fee transparency rule.
A rule that will require Country’s largest airlines To disclose any service fee – such as additional goods fee or reservation change fee – was blocked by a federal appellate court, threatening the possibility of his effective to be effective.
The Transport Department (DOT), which argued that passengers were paying more for their rent due to the so -called “junk fees”, in a report claimed that the rule would have saved more than $ 500 million annually to consumers. . Conversely, for the country’s largest airlines, the trade group said that there was nothing in the findings of the department that proves that the rules would help consumers, even saying that it fulfills the needs of customers Will intervene in the efforts of the airlines to do.
The United States Court of Appeals did not either argument for the fifth circuit. Instead, it ruled that the DOT “failed to fully follow the requirements under the Administrative Procedure Act”, which controls the process by which federal agencies develop and issue rules. The court has still upheld the department’s authority to implement such rules and instead sent the matter back to the dot so that the airlines and other costs can comment on the savings that the department estimated that the department estimated that some fees Passengers will benefit by making it more transparent.
Under the rule of Biden administration, the airlines will need to list any fees related to purchasing tickets, otherwise the industry is known as “auxiliary fee”. Dot – Under the leadership of Pete Butigigag – spent years in fighting for this rule, claiming that the airlines were pocketing billions of dollars with unexpected goods, seating, changes and canceled charges. During the tenure of buttigieg, Dot released more than $ 164 million in the penalty against the airlines for consumer protection violations.
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Passenger Los Angeles gather in the International Terminal at Los Angeles International Airport (LAX) before the July 4, 2024 holiday on June 25, 2024 in California. (Mario Tama / Getty Image / Viral Press)
Trade groups representing major American carriers such as Airlines for the US, American Airlines, Jetbu and Alaska Airlines were pleased with the ruling, the court said that the department admitted that the department admitted “the information that the public and the airlines have trusted. Was never given an opportunity to evaluate.
The group argued that a legitimate commentary process would have revealed that the rules “would interfere with the airlines’ prolonged efforts to meet the needs of the customers.” It was also stated that carriers invest in user -friendly websites and apps that offer transparent pricing and it is “the rule of regulator overache that will confuse consumers who will submerge with information that will be submerged only Will work to complicate. ”
Director of Consumer Protection for Consumer Federation of America Erin Vitte said it was not a “total win” for the airline industry.
“Whatever they really seek was to undo the right of the dot, which was to issue rules on the basis of inappropriate and misleading conduct,” said Vitte. “And the fifth circuit really pulled the line and said,” No, we are not going far. ” ,
While the court’s action may be due to being a catalyst to kill the rule, he said that it is important to note that The court did not permanently block the rule, either.
This means that the current administration can apply a uniform rule, unless the department follows the appropriate process. However, Vitte does not believe that it will happen.
Ryan Born, an economist at the CATO Institute, told Fox Business that he suspects that the matter would be a priority for President Donald Trump, who launched Large scale deragulation initiative On assuming office. Bourne is not in favor of this step, saying that “the rules were always unnecessary red tape.” He also agreed with the airlines that the rules would only confuse the passengers.
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Passengers wait for a Boeing 737 Max 8 aircraft run by United Airlines at New Jersey on 13 March 2024 at New Jersey. (Bing Guan / Bloomberg Getty Image / Getty Image)
“Most passengers are adequately familiar with booking flights and know that you can pay additional fees for the bag checking or services for flights, which you can cancel anytime,” he said. “All these services require airlines to state total bundle prices, which are confusing customers and will damage the competition by incorrectly presenting low -cost travel opportunities on budget airlines.”
Bill McGi, senior Fellow of Aviation in the American Economic Liberty Project, strongly criticized the argument that it would overburd consumers, called it one of the “weakest” arguments that they have ever seen. McGi argued that if the airlines can quickly apply fees – sometimes overnight – they should also be able to inform customers about them.
McGi said, “Airlines have stickers shock. That’s everything.” “This is actually a very simple basis. Before you book, you should know the total price of your lower line. And the airlines fight against it with teeth and nails.”
On May 4, 2022, a flight passenger and flight attendant aboard a flight from the Lordia Airport at Queens, New York at the Census City International Airport. (Kent Nishimura / Los Angeles Times Getty Image / Getty Image)
Vitte also questioned the pushback from the airlines, given that the rule did not talk about an all-out ban on junk duty.
He said, “It did not ban the airlines from charging them. I think the voters may have supported that kind of rule,” she said. “All the rules said, tell people, tell them further, make it easy for them to find out how much they would cost to fly from A to B and bring a bag.”
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McGi still considers the verdict as a “huge victory” because some people were worried that “the court was going to say that the dot had never had the right to do so.”