FlyerTalk Forums - View Single Post - DOT travel announcement and Q&A: October 19, 2016, 10am-12pm PDT
Old Oct 19, 16, 11:03 am
SAT Lawyer
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Thanks to the DOT for the time that will be spent today discussing consumer protections for air travelers. I would appreciate it if the DOT would shed insight on the following:

In 2011, the DOT implemented a strong consumer protection rule that prohibited airlines from trying to increase the cost of air transportation after a ticket had been purchased and issued. 14 C.F.R. § 399.88. In 2012, the DOT clarified that Section 399.88 protected consumers who had purchased and confirmed tickets from claims by the airline that the fare was mistakenly priced too low, thereby disallowing airlines from voiding tickets that had been issued on what essentially amounted to cases of seller’s remorse:
Unfortunately, on May 8, 2015, the DOT announced that, as a matter of prosecutorial discretion, it was going to suspend enforcement of Section 399.88 with respect to fares sold by an airline that the airline later claimed to be mistaken, except that it would require the seller of air transportation to make whole a consumer who had incurred reasonable, actual, and verifiable out-of-pocket expenses in reliance on the ticket purchase. This was a disappointing development to many of us consumers because it eroded and watered down what had previously been a strong, clear, and consumer-friendly regulation. In its May 8, 2015 announcement, the DOT indicated:
Can you provide an update as to the status of the DOT issuing a final rule regarding mistaken fares? Does the DOT intend to restore Section 399.88, as originally written and interpreted by the DOT, before its enforcement was suspended? If not, does the DOT at least intend to impose a requirement on sellers of air transportation that they must notify passengers that they are claiming mistake for which they are seeking to cancel the ticket that was purchased and issued within a fixed period of time – for example, the corresponding 24-hour period of time that consumers often are afforded to cancel their own ticket purchases without penalty – or else the DOT will require them to honor those tickets?
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