Thread by Katie Van Dyck: A quick š§µon what power the @USDOT actually has to protect airline passengers from corporate greed and holiday travel fiascos. ā¬ļø
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- Dec 28, 2022
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A quick š§µon what power the @USDOT actually has to protect airline passengers from corporate greed and holiday travel fiascos. ā¬ļø
1) My @econliberties colleagues released model legislation in September aimed at repealing a thing called federal preemption in the airline industry. You can read about it here: www.economicliberties.us/our-work/end-federal-preemption/
2) Federal preemption means that consumers and their state AGs, courts, and legislatures have almost no recourse when things like the @SouthwestAir meltdown happen. The only gov't enforcers with real power over airlines are DOT and @SecretaryPete. So what are those powers?
3) DOT has power to protect passengers from unfair or deceptive practices and unfair competition by airlines. DOT can use that power to make rules that govern passenger rights, basically telling airlines what they have to do when things go sideways (like we've seen this week).
4) So what are the rules? If your flight is cancelled or significantly delayed, you get a refund. Thatās it. www.transportation.gov/individuals/aviation-consumer-protection/refunds
5) DOT doesnāt make airlines pay for hotels or meals unless they promised it in your ticket's fine print. There arenāt any rules about seating kids with their parents (itās āencouragedā). They can bump you without compensation if they switch to a smaller plane.
6) There are a few minor rules for mishandled baggage, but airlines mostly write those rules themselves. That's little consolation when your stranded in Tampa for a week and your bags with your meds made it to New York. www.transportation.gov/lost-delayed-or-damaged-baggage
7) Worse still, DOT doesnāt enforce the few rules it has made. It trotted out big fines last month for unpaid refunds. Frontier was the only domestic carrier that was punished. www.economicliberties.us/press-release/latest-dot-fines-for-unpaid-refunds-leave-out-worst-offenders/...
8) DOT has broad powers over the airlines, but it simply doesnāt use them. And the same laws say state AGs and consumers cannot take the law into their own hands. Your stateās consumer protection laws do not apply. So airlines simply donāt play by the rules.
9) Passengers are left in the lurch, but they donāt have to be. Mayor Pete needs to take control and federal preemption of the airline industry needs to be repealed immediately, so the disaster weāre seeing this week wonāt happen again.
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