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Biden admin recruits 15 states to help enforce airline consumer laws

The Biden administration is enlisting the help of officials in 15 states to enforce consumer-protection laws covering airline travelers, a power that by law is limited to the federal government. The U.S. Department of Transportation said Tuesday that the states, which include California, New York and Illinois, will help ensure that government enforcement activities keep up with a current boom in air travel.

Quick Read

  • Biden Administration’s New Airline Consumer Protection Strategy: The U.S. Department of Transportation, under Secretary Pete Buttigieg, is collaborating with officials from 15 states including California, New York, and Illinois to enhance enforcement of consumer-protection laws for airline travelers, traditionally a federal jurisdiction.
  • State Involvement in Federal Enforcement: States will assist by investigating consumer complaints about airline services and can refer cases to the federal Transportation Department if they suspect legal violations or lack of cooperation from airlines.
  • Resource Sharing and Training: The Transportation Department will grant state attorney general offices access to its consumer-complaint system and provide training on federal consumer laws that govern airlines.
  • Objective of the Partnership: This initiative aims to increase the capacity to hold airlines accountable and protect passengers, particularly in scenarios like unexpected flight cancellations and the subsequent challenges that travelers face.
  • Bipartisan Efforts and Expansion Plans: While the memorandum of understanding was signed predominantly by Democratic state officials, with only two Republicans, the agreement is positioned as bipartisan with plans to involve more states.
  • Legislative Background and State Authority: Current U.S. law limits consumer protection enforcement in the airline industry to federal authorities, with airlines not required to engage with state-led investigations. Recent legislative efforts to expand these powers to states have not been included in key FAA legislation.
  • State Frustrations and Advocacy: States like Colorado have expressed frustration over the lack of authority to address soaring complaints about airlines during the pandemic, with calls for Congress to grant enforcement power to states for airline consumer protection.

The Associated Press has the story:

Biden admin recruits 15 states to help enforce airline consumer laws

Newslooks- (AP)

The Biden administration is enlisting the help of officials in 15 states to enforce consumer-protection laws covering airline travelers, a power that by law is limited to the federal government.

The U.S. Department of Transportation said Tuesday that the states, which include California, New York and Illinois, will help ensure that government enforcement activities keep up with a current boom in air travel.

Under an agreement announced by Transportation Secretary Pete Buttigieg, state attorney general offices will be able to investigate complaints about airline service. If they believe an airline violated the law or is refusing to cooperate with investigators, the states could refer cases to the Transportation Department for enforcement.

FILE – Transportation Secretary Pete Buttigieg speaks about supply chain issues in the Indian Treaty Room on the White House complex in Washington, Nov. 27, 2023. The Biden administration is awarding $623 million in grants to help build an electric vehicle charging network across the nation. Grants being announced Thursday will fund 47 EV charging stations and related projects in 22 states and Puerto Rico, including 7,500 EV charging ports. (AP Photo/Andrew Harnik, File)

In return, the Transportation Department, or DOT, will give the states access to its consumer-complaint system and train state employees about federal consumer laws covering airlines.

“This is a partnership that will greatly improve DOT’s capacity to hold airlines accountable and to protect passengers,” Buttigieg told reporters.

Buttigieg pointed to travelers whose flights are canceled and then must wait days for another flight or pay more to fly home on another airline. “Things like that are a violation of passenger rights, and we are seeing far too many cases of that,” he said.

FILE – An airline employee, right, helps a traveler find her suitcase amongst the unclaimed luggage in the arrivals area of Terminal B at LaGuardia Airport, Tuesday, June 27, 2023, in New York. The U.S. Department of Transportation said Tuesday, April 16, 2024, that it will give the states power to investigate complaints about airlines and ticket sellers, and then refer cases to the federal government for enforcement. (AP Photo/Mary Altaffer, File)

Other states whose officials signed the “memorandum of understanding” with the Transportation Department are: Colorado, Connecticut, Maine, Maryland, Michigan, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, Rhode Island and Wisconsin.

The District of Columbia and two U.S. territories also signed the agreement.

Buttigieg repeatedly cast the agreement as bipartisan, but only two of the state officials who signed on are Republicans. Buttigieg indicated his department is hoping to recruit more states.

Under U.S. law, the federal government alone regulates consumer-protection laws covering airlines. The carriers are not legally required to respond to state investigations.

FILE – A airline agents helps a travelers in the departures area of Terminal B at LaGuardia Airport, Tuesday, June 27, 2023, in New York. The U.S. The U.S. Department of Transportation said Tuesday, April 16, 2024, that it will give the states power to investigate complaints about airlines and ticket sellers, and then refer cases to the federal government for enforcement. (AP Photo/Mary Altaffer, File)

Consumer advocates have pushed to expand enforcement power to the states. However, both the full House and a key Senate committee declined to include that proposal in pending legislation that covers the Federal Aviation Administration, part of the Transportation Department.

“During the pandemic, we actually got more complaints about airline traffic than any other topic, and it was frustrating” because the state had no authority to investigate the complaints, Colorado Attorney General Philip Weiser said.

Weiser argued that Congress should give states power to enforce airline consumer-protection laws, “but I have to say, we didn’t wait for Congress to act.”

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