About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (January 11, 2023)

handle is hein.crs/govekei0001 and id is 1 raw text is: Congressional                                                    ____
*.Research Service
Southwest Airlines Disruptions and Airline
Consumer Protection Rules
January 11, 2023
Southwest Airlines' extensive flight cancellations and significant delays over the December 2022 holiday
period disrupted holiday travel and stranded numerous passengers, many of whom had to find alternative
ways to reach their destinations. On December 29, 2022, Transportation Secretary Pete Buttigieg sent a
letter to Southwest Airlines urging the carrier to prioritize its customer service responsibilities, such as
getting passengers to their destinations; providing meals, hotel rooms, and ground transportation;
fulfilling refund obligations; and reuniting passengers with their luggage.
Southwest's meltdown, initially caused by winter storms, was compounded by an internal breakdown of
its crew-scheduling system. The airline disclosed in its regulatory filing on January 6, 2023, that it had
cancelled more than 16,700 flights from December 21 through December 31 and was expecting
significant negative impact to its fourth quarter financial performance. The severe disruptions and
passenger frustration has drawn attention to existing federal aviation consumer protection rules.
The rights of domestic airline passengers are set forth at three different levels: in federal statute, in
regulation, and in the airlines' own policies known as contract of carriage.
The 1978 deregulation of the airline industry in the United States eliminated federal control over many
airline business practices, including pricing and domestic route selection. However, the federal
government continues to legislate and enforce certain consumer protections for airline passengers. The
House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science,
and Transportation are the primary congressional committees of jurisdiction over airline passenger rights.
Congress can authorize the U.S. Department of Transportation (DOT) to establish and enforce rules on
certain issues, and it can enact requirements for airlines through direct legislation. In specific cases, DOT
can take enforcement actions against air carriers that violate consumer protection rules.
Most of DOT's consumer protection rules are authorized by 49 U.S.C. @41712, which directs the agency
to protect consumers from unfair or deceptive practices. Some are also empowered by DOT's authority
to require air carriers in interstate transportation to provide safe and adequate service (49 U.S.C.
@41702). The definition and interpretation of unfair or deceptive can significantly affect the scope of
DOT rulemaking and enforcement authority.
Congressional Research Service
https://crsreports.congress.gov
IN12077
CRS INSIGHT
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most