Passenger protections in the United States may seem vulnerable with the change in administrations. But there’s some good news.
When Donald Trump nominated Sean Duffy for Secretary of Transportation last month, Airlines for America—lobbyists for the largest carriers—said it was “thrilled.”
Not surprising, since Duffy has lobbied on behalf of the airline industry. And he’s stated on Fox News that the free market must fix the airlines, not the DOT.
For months I’ve been writing on Frommer’s about how the Department of Transportation under Secretary Pete Buttigieg passed landmark and unprecedented regulations that protect airline passengers.
But will those protections remain in place in 2025?
Those of us who advocate on behalf of airline passengers and competition were quite disappointed during the first Trump administration. In fact, we voiced that disappointment over former DOT Secretary Elaine Chao’s indifference to consumer concerns, even during the pandemic.
Public Citizen has published a list of recent rulemakings likely to be vulnerable to scrapping under the Congressional Review Act starting in January 2025. Although no DOT airline rules were included in its list, there’s still great concern that some or all of the recent passenger protections could be in the crosshairs.
Here’s a rundown of the most critical airline actions that were initiated by the DOT in 2024:
Automatic refunds
This may be the most popular rule the DOT has introduced in decades, as I stated here when they were announced.
For the first time, passengers who are eligible to receive their money back will not have to jump through hoops for repayment, and refunds now cover not only cancellations but also “significant changes” such as flight delays and paid services not rendered (such as broken in-flight Wi-Fi).
Millions of Americans recall how airlines sat on more than $10 billion in unpaid refunds in 2020—the same year taxpayers gave the airline industry a $54 billion bailout.
Some media reports have suggested the refund rule is vulnerable, but I disagree. In fact, this DOT rule is now law. It was codified by Congress and signed by President Biden as part of the 2024 FAA Reauthorization Act, so it would take an act of Congress to undo it (and yes, I know, Trump’s party also controls both the House and the Senate).
But here’s the thing: Automatic refunds kicked in on October 28 and they’re proving to be enormously popular. They undoubtedly will remain popular throughout the holiday travel season.
Undoing the refund protections will spur a huge political fight, and advocates like me will be more than happy to remind the public—and members of Congress—that voters who supported Trump will be quite angry at both him and their representatives if they reverse them.
Fee transparency
It sounds simple: The DOT told airlines they need to inform customers of the total airfare with all fees prior to booking. Hardly radical, right?
Well, it was radical enough for six carriers and Airlines for America to file suit. They don’t want to disclose the total price up front.
This rule is still tied up in litigation, so it’s hard to predict its fate.
Family seating
This rulemaking took more than 10 years for fruition, as I noted here last summer. It’s a decent and common-sense use of DOT power that would simply prohibit all U.S. airlines from charging fees for families with kids 13 and under to sit together on a flight.
Almost all passengers would agree this rule is pro-family and necessary. But of course, the airline industry has balked.
Therefore it remains in the regulatory pipeline—so fingers crossed on this one.
Compensation
The newest DOT rulemaking was just announced on December 5, and as we at American Economic Liberties Project stated, “the United States is finally catching up to much of the rest of the world when it comes to protecting airline passengers.”
Under this rule, American carriers would finally be required to provide meals, hotels, and other compensation during major flight disruptions, just as airlines from the E.U. and other nations already do.
The public has 60 days to weigh in (you can do so at this link), so the comment period closes during the Trump administration.
Undoubtedly the airlines will use their considerable lobbying clout to try to kill it.
Other DOT actions
The change in administrations will have far-reaching effects at the DOT, and not just with rulemakings.
As I stated here in the autumn, frequent flyer programs have become pyramid schemes. In November, the DOT launched a probe of the loyalty “programs, practices, and policies” (as well as credit card partners) of the Big Four—American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines.
All four responded with the requested data earlier this month, but the status of the investigation is unknown.
Also, in October the DOT jointly launched a Request for Information with the Department of Justice into airline competition, looking at consolidation and anticompetitive conduct. Public comments have been extended to January 7, 2025—you can tell the government your opinion here.
The current administration’s work is continuing through Inauguration Day. In recent days, the DOT also announced new protections for airline travelers with disabilities, scrutinizing the industry’s handling of wheelchairs.
And other sectors of the travel industry have also seen new protections. Just this week the Federal Trade Commission passed a new rule requiring the disclosure of hotel junk fees.
Donald Trump ran on a campaign to help working people and families. Each and every one of these rules and investigations would do just that.
The question is: Will his administration live up to those promises? I can only say that none of these protections will be eliminated without one hell of a fight.
William J. McGee is the Senior Fellow for Aviation & Travel at American Economic Liberties Project. An FAA-licensed aircraft dispatcher, he spent seven years in airline flight operations management and was Editor-in-Chief of Consumer Reports Travel Letter. He is the author of Attention All Passengers and teaches at Vaughn College of Aeronautics. There is more at www.economicliberties.us/william-mcgee/.