Travelers’ protections stall under Trump
“If people have to pay to have their bag accompany them ... and the airline can’t deliver that bag within 12 hours, there was no service rendered.” Rep. Peter DeFazio, D- Ore.
WASHINGTON – A Congress- ordered rule that requires airlines to refund your bag fee if your luggage arrives late and other consumer protection regulations have stalled in Department of Transportation regulatory proceedings.
Congress passed the refund law 18 months ago in July 2016. It called for airlines to automatically refund the fees when a passenger’s luggage arrives at least 12 hours after a domestic flight. Airlines collected nearly $ 4.2 billion in bag fees that year.
The law left it to the Transportation Department ( DOT) to work out and finalize the details by July 2017.
The refund regulation is among a handful of consumer- oriented proposals that were delayed, postponed or withdrawn in the year since President Trump took office.
Trump ordered a regulatory freeze on Jan. 20, 2017, his first day in office. At the time, his chief of staff, Reince Priebus, said the agencies needed time to review new or pending regulations. Ten days later, Trump signed an executive order requiring any new regulation to trigger the repeal of two existing regulations. The next month, he ordered all federal departments to recommend which regulations to repeal or modify.
Last month, Trump boasted of canceling or delaying more than 1,500 planned regulatory actions — “more than any previous president by far.”
Critics say Trump threw out consumer protections along with the red tape.
“Consumers already knowthat airlines will stop at nothing— from exorbitant bag fees to shrinking seat sizes — to turn a profit,” said Sen. Richard Blumenthal, D- Conn. “Now, they are faced with an administration apparently anxious and eager to aid the airlines’ anti- consumer assault.”
Rep. Peter DeFazio of Oregon, the top Democrat on the Transportation and Infrastructure Committee, says the bag rule is a clear- cut consumer protection.
“If people have to pay to have their bag accompany them on a flight and the airline can’t deliver that bag within 12 hours, there was no service rendered. They should get a refund,” DeFazio said.
He said the delays in such protections are deliberate. “Obviously that would cost the airlines some money, so hence the administration has delayed it.”
The department continues to evaluate comments about how to define a delay and the best method for providing a refund. A cost- benefit analysis still must be completed before the regulation is finalized.
Lee Page, a spokesman for Paralyzed Veterans of America, worried that the delays stem from Trump’s insistence on removing two rules for every one created. “Agencies put out rules and regulations for reasons, to safeguard the industry and safeguard consumers, to ensure the general public that things can go forward on a level playing field,” Page said. “But if you look across the board, there are lots of agencies not putting out rules. This is kind of the new norm.” Other aviation proposals in limbo:
Reporting how many wheelchairs airlines damage in cargo. The department postponed a “final rule” from late in the Obama administration until Jan. 1, 2019. The one- year delay, which is being challenged in federal court, gave airlines more time to begin reporting. The rule was first proposed in 2011.
Providing disabled passengers easier access to lavatories on singleaisle planes. Tight cabins often prohibit access to lavatories for passengers with wheelchairs. Airlines and advocates negotiated a broad compromise in 2016 to make accessible lavatories in new planes. But the department missed a July 2017 deadline set by Congress to propose a detailed regulation.
Limiting the types of emotional support animals allowed on planes. The variety of comfort animals has grown to include monkeys, pigs and ducks. The department missed the same July 2017 deadline to set new rules for the animals. Delta Air Lines drafted its own policy rather than wait for federal regulations.
Notifying passengers when an airline allows voice calls during flight. The Federal Communications Commission prohibits cellphone calls on planes, but Wi- Fi calls such as Skype prompted the department to propose the notification in December 2016. The subject has drawn 8,300 comments over the past three years. The comment period ended in March 2017. No further action has been taken.
Requiring airlines to provide fare information to all travel websites for easier comparison shopping. The request generated 56,000 comments. But the department stopped collecting comments in March 2017.
Requiring airlines to disclose bag fees alongside the ticket price so consumers can easily factor those costs into their purchase decision. Transportation Secretary Elaine Chao withdrew this proposal in December, saying no action was needed.
Reporting the total airline fees charged for 19 services, including priority check- in, in- flight entertainment, food and seat assignments. The department already collects the total charges for checked bags and change fees, which totaled nearly $ 2.9 billion in 2016.
But Chao withdrew the broader proposal in December by saying it wouldn’t help consumers understand specific fees. The industry had argued providing such information was too burdensome.