On January 26, 2011, the last of the Department of Transportation (“DOT”) consumer protection regulations came into effect. DOT originally published a number of regulations enhancing protections for airline passengers on April 25, 2011 (the “Final Rule”) and explained that these rule would come into effect on August 23, 2011. The Final Rule extended protections in areas such as (1) contingency plans for lengthy tarmac delays; (2) reporting of tarmac delay data; (3) customer service plans; (4) contracts of carriage; (5) responding to consumer problems/complaints; (6) oversales; (7) full fare advertising; (8) baggage and other ancillary fees; (9) post-purchase price increases; (10) notification to passengers of flight status changes; (11) choice-of-forum provisions; and (12) peanut allergies. The Final Rule can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-04-25/pdf/2011-9736.pdf.
On July 28, 2011, DOT announced that it was delaying the effective date for certain requirements of the Final Rule. Specifically, DOT delayed implementation of requirements for full fare advertising, baggage fees, post purchase price increases, flight status changes, and holding passenger reservations without payment for 24 hours. As of July 28, 2011, the new effective date was January 24, 2012. This announcement can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-07-28/html/2011-18903.htm.
Subsequently, DOT issued a second announcement delaying the effective date for compliance with a portion of the regulations governing full fare and other advertising requirements to January 26, 2012. Pursuant to these regulations, airlines and ticket agents that advertise airfare or air tours must advertise the full fare to be paid for the air transportation, including all government imposed taxes and fees. The second announcement can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-12-16/html/2011-32336.htm.
For further information or questions regarding the changes and modifications found in this Final Rule, contact Glenn Wicks or Ronce Almond at (202) 457-7790.