U.S. Senators Edward J. Markey of Massachusetts and Richard Blumenthal of Connecticut have introduced a comprehensive package of legislation in an effort to establish a bill of rights for air travelers and address airline costs.
According to a Blumenthal representative, the Airline Passengers' Bill of Rights, which was passed this year, is comparable to the earlier law.
Additionally, it contains the Forbidding Airlines from Imposing Ridiculous Costs Act, which forbids airlines from charging exorbitant fees for services such as checked luggage, seat preference, and ticket modifications.
The Senate Committee on Commerce, Science, and Transportation was where Connecticut's senior senator initially filed his original bill, S.3222, the Airline Passengers' Bill of Rights, in the 117th Congress. The committee declined to take up the measure in the 2021–2022 legislative session.
The Airline Passengers' Bill of Rights, which was inspired by Southwest's operational holiday meltdown, seeks to increase protections for American air travelers. Southwest, which is renowned for its low prices, unique boarding procedures, and friendly service, canceled nearly 3,000 flights every day to the end of 2022.
Due to the lack of a bill of rights at the moment, Blumenthal noted that Southwest's holiday problems were "only one example of what happens to countless consumers across the country every day."
When asked about Southwest's problems, Blumenthal once more cited them as the reason the two senators decided to propose enlarged legislation in the 118th Congress.
The Southwest breakdown serves as a clear catalyst for it, and the scars are still very deep and apparent, he continued.
"The Southwest catastrophe remains a symbol of what needs to be done."
Southwest blamed their unique network strategy of flying planes and crews crisscrossing the country without necessarily returning to an operating base for this operational failure, as well as an obsolete crew scheduling system.
However, in 2022, staffing problems brought on by the pandemic frequently caused flight cancellations, delays, and lost baggage for all airlines, which further prompted Congress to take action.
Let's face it, aviation travel in 2022 was a complete disaster, Markey remarked.
By mandating that airlines compensate impacted passengers financially for delayed and/or canceled flights, the two senators want to hold airlines accountable.
The Airline Passengers' Bill of Rights and FAIR Fees Act would specifically require carriers to:
• For flights that are delayed by between one and four hours, give refunds and provide alternative transportation.
• For delays longer than four hours but not overnight, offer refunds, automatic rebooking (regardless of airline), and compensation for additional expenditures incurred, including meals and lodging.
• If a flight is oversold, give passengers who were denied boarding at least $1,350. (domestic and international carriers).
• Passengers who arrive at their destination the next day are given $1,350 in compensation, refunds, automatic rebooking (again, regardless of the airline), a meal, and accommodation expenses.
• Depending on when the traveler reaches their final destination, give recompense for canceled flights in accordance with the aforementioned standards.
• For missing or damaged baggage, immediately refund the bag cost.
The bill would, among other things, remove the present cap on the amount of compensation airlines can offer passengers who give up their seats and the cap on the number of fines the Department of Transportation may impose on airlines for breaking consumer protection regulations.
Due to its independent operating style, which excludes participation in any airline alliances, Southwest is unable to rebook impacted passengers on other carriers.
The measure, according to Blumenthal, would forbid the use of arbitration in cases involving airline misbehavior or meltdowns while allowing customers to file individual or class-action lawsuits against the carriers.
Arbitration has drawn criticism as the preferred legal route for many firms, in part because it keeps conflicts out of court and often only permits customers to file claims against a business individually, making it challenging for customers to secure meaningful relief.
According to Blumenthal, the measure would demand that "relationships between Southwest and other airlines" put passengers on cheaper flights instead of charging them outrageous fees.
In addition to covering monetary compensation, it would also stop airlines from further reducing seat size until the DOT adopts a minimal seat size regulation.
The measures might be introduced as standalone legislation or as a component of the Federal Aviation Administration reauthorization, the agency's five-year spending plan that must be passed by September 30.
Blumenthal remarked, "My Republican colleagues may not want to take the lead, but I think it would be difficult to vote against."
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