Proposed Legislation May Mandate Airlines Compensate Bumped Passengers Up to $1,350

Getting bumped from an oversold flight after purchasing an airline ticket is one of the most frustrating experiences for travelers. It can force you to make alternative travel arrangements, cost you an extra day of your trip, and lead to unplanned expenses, like an extra night of dog-sitting or dining out.

In 2022, there was a significant rise in the number of passengers bumped on the top 10 largest U.S. airlines compared to the previous year, according to a Department of Transportation consumer report. Nearly 83,000 passengers (both voluntary and involuntary) were bumped from domestic flights in 2022, a sharp increase from around 14,500 in 2021.

In response to this trend (and the chaos that resulted in Southwest Airlines canceling 17,000 flights during the holidays), two U.S. senators, Edward Markey (D–Massachusetts) and Richard Blumenthal (D–Connecticut), have introduced a duo of bills known as the “Airline Passengers’ Bill of Rights” and the “Forbidding Airlines from Imposing Ridiculous (FAIR) Fees Act.”

“Our country’s major airlines can’t guarantee that flights won’t be delayed or canceled, that luggage won’t be lost, or that passengers won’t find themselves stranded at the gate due to overbooking,” Markey stated regarding the legislation in a press release. “We must empower regulators and protect passengers’ rights to ensure they are treated with respect before, during, and after their journey.”

One of the proposed consumer protections in the bills is ensuring that travelers receive at least $1,350 if they are removed from an oversold flight. Additionally, the bills aim to eliminate limits on compensation for passengers who voluntarily relinquish their seats and advocate for cash payments instead of vouchers for future flights.

Other proposed protections within the bills include:

• Mandating airlines to issue ticket refunds and arrange alternative transportation for flights delayed between one and four hours
• Mandating airlines to provide ticket refunds, alternative transportation, compensation, and cover meal and lodging expenses (when applicable) for flights delayed over four hours
• Addressing airlines' use of weather as a justification for delays and cancellations that are truly the airline's responsibility
• Preventing airlines from further reducing seat sizes until the DOT establishes a minimum seat size standard
• Prohibiting airlines from imposing unreasonable fees that do not correlate with the services provided (such as charging families extra to sit together)
• Requiring airlines to promptly refund baggage fees for damaged or lost luggage

While these two bills have been proposed, they have yet to become law. The timeline for any potential voting remains undisclosed, but there has already been resistance from the airlines. Airlines for America, a trade association representing U.S. carriers, recently issued a statement asserting that the “proposals are myopic and would inevitably lead to higher costs and fewer options for consumers.”