DOT website consumer protection pages help travelers.
The Department of Transportation (DOT) has been working on its DOT website consumer protection pages, “Got Flights? Know Your Rights.” The intent is to help travelers better know their travel rights while flying. And now that Congress has mandated an Aviation Consumer Advocate at DOT, travelers have a very secure perch in the protection hierarchy.
The DOT website consumer protection pages were put up about a week after the Dr. Dao fiasco where a passenger was violently dragged off of a United Airlines flight to make room for airline employees who needed to get to an airport to work the next morning.
United Airlines denied boarding fiasco was a watershed
Travelers United met with DOT members of the Secretary of Transportation’s office and the Consumer Protection Division to determine what had happened to result in the beating of Dr. Dao. Inexplicably, DOT exonerated United Airlines and placed the blame for roughing up the passenger on the Chicago airport police.
Part of the Travelers United solution to prevent these kinds of problems in the future allows passengers to know their rights. Passengers must know how to get compensation for denied boarding (or bumping) compensation, lost luggage compensation, international flight delays, and other customer service issues. These pages put up by DOT are a major step in the right direction. But they are only a start and are not enough.
Improved DOT travel rights pages help
The DOT travel rights page includes links to nine topics that deal directly with DOT airline consumer travel rights. These topics include:
- How to file a consumer complaint
- Bumping and Oversales
- Lost, Delayed, or Damaged Baggage
- Tarmac Delays
- Flight Delays and Cancellations
- Reservations, Fares, Ticketing, and Fees
Rules without enforcement are useless
In the case of Dr. Dao and his denied boarding, compensation resulted in no airline fines. DOT found that United Airlines’ actions did not follow DOT rules as noted on these consumer protection pages. Inexplicitly, the DOT, which is the rule-maker, prosecutor, judge, and jury for aviation issues, decided to overlook its own rules.
Here are the DOT website consumer protection rules as published by DOT. In the case of any notifications with the passenger being dragged off the plane, the rules were not followed or explained to the passenger.
First, the passenger, according to immediate news reports, was not notified about why he was being selected to be removed from the flight. United Airlines initially said that he was selected “randomly.” That is against the DOT rules.
Next, Dr. Dao was never provided his denied boarding compensation rights in writing, according to witnesses and news reports, prior to being dragged off the plane forcibly. That is against the DOT rules.
Rule notification may be getting better, but enforcement is not
Travelers United is concerned that the DOT Enforcement Division is not enforcing the DOT website consumer protection regulations. DOT has promulgated these rules. When our entire consumer protection system is based on DOT replacing the state and local legal system, there should be far more scrutiny of consumer protections.
Travel rights posters and videos at airports would help 87 percent of the travelers
For years, Travelers United has been trying to get DOT to allow posters and video displays telling passengers about their travel rights in airports. However, DOT has not moved to advertise their DOT website consumer protection pages to travelers.
If those rights are clear to passengers, the passengers can insist that the airlines follow the rules. Plus, passengers would know the rules, rather than having to petition the airlines for denied boarding rules in writing.
Some members of Congress are also pushing for passenger rights for travelers. Sen. Richard Blumenthal (D-Conn.) and Sen. Ed Markey (D-Mass.) are working on legislation to create a new “bill of rights” for airline passengers. Their efforts have been taken together with Travelers United and other consumer groups.
Letting consumers know their rights is the key to leveling the passenger protection playing field. These DOT Web pages are a beginning. Travelers United is looking for the next steps. Consumers need better enforcement and public notifications of rights at airports. Airport and boarding-pass notifications should provide rules and regulations. Only clearly stated rules will allow passengers to understand their rights.
DOT is failing to inform passengers of their international rights to compensation
A sister consumer group, FlyersRights.org, filed a lawsuit against DOT. This lawsuit seeks to force DOT to inform passengers of their international travel rights. This lawsuit resulted when DOT dismissed an official complaint about their failures to inform passengers about international travel rights. FlyersRights.org went to court to force the disclosure of these rights. The Montreal Treaty clearly notes that the airlines must provide adequate notice that passengers may be entitled to compensation for flight delays.
That notification is not published. However, for any leg of an international itinerary, Montreal Convention Article 19 mandates that airlines are liable for damages caused by delay. Compensation up to approximately $6450 is mandated. The airline must prove it took all reasonable measures to prevent the damage caused by the delay or that it was impossible to take such measures.
One of DOT’s responsibilities is the ability to make consumer protection rules. The Department serves as the state and local enforcement forum for those rules. Consumers need more notification of compensation and a clear roadmap to negotiating the process for complaint actions taken with DOT.
Charlie Leocha is the President of Travelers United. He has been working in Washington, DC, for the past ten years with Congress, the Department of Transportation and industry stakeholders on travel issues. He was the consumer representative to the Advisory Committee for Aviation Consumer Protections appointed by the Secretary of Transportation from 2012 through 2018. He also served on the Consumer Advocacy Subcommittee of the Transportation Security Advisory Board.