Airline Passenger Rights: Recent DOT Developments, Including Proposed Rules and Enforcement

This CLE webinar will discuss the rights of domestic airline passengers in the United States, including the U.S. Department of Transportation’s (DOT) consumer protection and civil rights (including disability accommodation) requirements applicable to airlines. The panel will discuss how passenger protections are regulated and enforced, the withdrawal of the ANPRM on Airline Passenger Rights issued on Dec. 11, 2024, the role of the Office of Aviation Consumer Protection (OACP), the status of the DOT Memorandum of Understanding with State Attorneys General, and how disputes between air carriers and passengers are resolved.

In the United States, airline passenger rights are governed by federal statutes, federal regulations, and airline policies. In late 2025, an advance notice of proposed rulemaking (ANPRM), previously issued under the Biden administration and which would have established, for this first time, required passenger compensation for “controllable” flight delays, diversions, cancellations, and other events was withdrawn in favor of letting airlines compete on these points. Accordingly, there is no uniform compensation schedule for flight irregularities, with passengers only entitled to a refund of the unused portion of their ticket and any payment that an airline might voluntarily commit to provide.

Consumer protection and civil rights laws are enforced by OACP, which can bring proceedings for monetary sanctions and injunctive relief. OACP enforces laws prohibiting unfair and deceptive practices and unfair competition by air carriers and travel agents; deceptive airline advertising; lengthy tarmac delays at U.S. airports; rules about denied boarding compensation, ticket refunds, baggage liability, and charter flights; chronically delayed flights and unrealistic scheduling by airlines; the accessibility of airline services and information, airport facilities, and aircraft for persons with disabilities, and other civil rights. These DOT laws apply to all U.S. airlines and (with respect to foreign airlines) flights to and from the United States. Additionally, 22 State Attorneys General have entered into an MOU with the DOT that allows the State AGs to receive and review consumer complaints against airlines, for fast track processing by DOT.

Listen as this panel of aviation lawyers discusses the rights of domestic airline passengers and how those rights are enforced.