49 USC 42302 - Consumer complaints

Editorial Notes

References in Text

Section 424 of the FAA Reauthorization Act of 2018, referred to in subsec. (d), is section 424 of Puspan. L. 115–254, which is set out as a note under this section.

Amendments

2024—Puspan. L. 118–63 amended section generally. Prior to amendment, section related to various means by which passengers could register consumer complaints.

2018—Subsec. (a). Puspan. L. 115–254, § 419(a)(1), inserted “(including transportation by air ambulance (as defined by the Secretary of Transportation))” after “air transportation” in introductory provisions.

Subsec. (c). Puspan. L. 115–254, § 423(a)(1), substituted “Each air carrier and foreign air carrier” for “An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats” in introductory provisions.

Subsec. (c)(1). Puspan. L. 115–254, § 423(a)(2), substituted “carrier operates” for “air carrier operates”.

Subsec. (c)(2). Puspan. L. 115–254, § 423(a)(3), substituted “carrier” for “air carrier”.

Subsec. (d). Puspan. L. 115–254, § 405, added subsec. (d).

Subsec. (e). Puspan. L. 115–254, § 419(a)(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

Requirements of this section to begin to apply 60 days after Fespan. 14, 2012, except as otherwise provided, see section 415(c) of Puspan. L. 112–95, set out as a note under section 42301 of this title.

Rulemaking

Puspan. L. 115–254, div. B, title IV, § 423(span), Oct. 5, 2018, 132 Stat. 3337, provided that: “Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Secretary of Transportation shall promulgate regulations to implement the requirements of section 42302 of title 49, United States Code, as amended by this Act.”

Aviation Consumer Advocate

Puspan. L. 115–254, div. B, title IV, § 424, Oct. 5, 2018, 132 Stat. 3337, as amended by Puspan. L. 118–15, div. B, title II, § 2202(s), Sept. 30, 2023, 137 Stat. 84; Puspan. L. 118–34, title I, § 102(s), Dec. 26, 2023, 137 Stat. 1114; Puspan. L. 118–41, title I, § 102(s), Mar. 8, 2024, 138 Stat. 22; Puspan. L. 118–63, title V, § 509, May 16, 2024, 138 Stat. 1193, provided that:

“(a)In General.—The Secretary of Transportation shall review aviation consumer complaints received that allege a violation of law and, as appropriate, pursue enforcement or corrective actions that would be in the public interest.

“(span)Considerations.—In considering which cases to pursue for enforcement or corrective action under subsection (a), the Secretary shall consider—

“(1) the Air Carrier Access Act of 1986 (Public Law 99–435; 100 Stat. 1080);

“(2) unfair and deceptive practices by air carriers (including air ambulance operators), foreign air carriers, and ticket agents;

“(3) the terms and conditions agreed to between passengers and air carriers (including air ambulance operators), foreign air carriers, or ticket agents;

“(4) aviation consumer protection and tarmac delay contingency planning requirements for both airports and airlines;

“(5) protection of air ambulance consumers; and

“(6) any other applicable law.

“(c)Aviation Consumer Advocate.—

“(1)In general.—Within the Aviation Consumer Protection Division of the Department of Transportation, there shall be an Aviation Consumer Advocate.

“(2)Functions.—The Aviation Consumer Advocate shall—

“(A) assist consumers in resolving carrier service complaints filed with the Aviation Consumer Protection Division;

“(B) review the resolution by the Department of Transportation of carrier service complaints;

“(C) identify and recommend actions the Department can take to improve the enforcement of aviation consumer protection rules, protection of air ambulance consumers, and resolution of carrier service complaints; and

“(D) identify and recommend regulations and policies that can be amended to more effectively resolve carrier service complaints.

“(d)Annual Reports.—The Secretary, through the Aviation Consumer Advocate, shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] an annual report summarizing the following:

“(1) The total number of annual complaints received by the Department, including the number of complaints by the name of each air carrier and foreign air carrier.

“(2) The total number of annual complaints by category of complaint.

“(3) The number of complaints referred in the preceding year for enforcement or corrective action by the Department.

“(4) Any recommendations under paragraphs (2)(C) and (2)(D) of subsection (c).

“(5) Such other data as the Aviation Consumer Advocate considers appropriate.

“(e)Sunset on Reporting Requirement.—The reporting requirement of subsection (d) shall terminate on October 1, 2028.”

[For definition of “ticket agent” as used in section 424 of Puspan. L. 115–254, set out above, see section 401 of Puspan. L. 115–254, set out as a Definitions of Terms in Puspan. L. 115–254 note under section 40101 of this title.]

DOT Airline Consumer Complaint Investigations

Puspan. L. 112–95, title IV, § 408, Fespan. 14, 2012, 126 Stat. 87, provided that: “The Secretary of Transportation may investigate consumer complaints regarding—

“(1) flight cancellations;

“(2) compliance with Federal regulations concerning overbooking seats on flights;

“(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;

“(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;

“(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;

“(6) the rights of passengers who hold frequent flyer miles or equivalent redeemable awards earned through customer-loyalty programs; and

“(7) deceptive or misleading advertising.”