DOT Beefs Up Rules Against Airline Passenger Ripoffs
Published Date: 1/6/2026
Notice
Summary
The Department of Transportation is updating how it investigates and enforces rules to protect airline passengers. These changes affect airlines and travelers by clarifying penalties for breaking consumer protection laws. Comments on the new policies are open until February 5, 2026, so get ready to weigh in!
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Civil Penalty Amounts and Limits
The Office of Aviation Consumer Protection (OACP) enforces civil penalties per violation. As of May 16, 2024, the maximum civil penalty per violation is up to $75,000 for entities other than small businesses or individuals; special penalty amounts for small businesses/individuals in 2025 include $17,062, $8,531, and $4,267 for specific statutory violations. Continuing violations are counted per day, and penalty amounts are adjusted annually for inflation under federal law.
Higher Penalties for Mobility Aid Harm
Under 49 U.S.C. 46301(a)(7), a violation involving damage to a passenger's wheelchair or injury to a passenger with a disability may be increased above the usual maximum penalty to an amount not to exceed three times the otherwise applicable maximum. This is an explicit statutory basis for larger penalties in disability-related harm cases.
Voluntary Self‑Disclosure Reduces Penalties
If a regulated entity voluntarily self-discloses violations in a timely manner and corrects the harm, OACP will strongly weigh that disclosure in favor of no enforcement action or reduced penalties. A disclosure is not considered voluntary if it was required by law.
Compliance‑First Enforcement Approach
OACP will prioritize promoting compliance over immediate punishment: it will work with airlines and ticket agents, issue warning letters, and seek negotiated consent orders before pursuing formal enforcement. If negotiation fails, OACP may file formal complaints with an Administrative Law Judge or bring civil actions in U.S. district court; settlements and consent orders are made public.
Settlements Can Include Suspended Penalties and Offsets
OACP may include a suspended civil penalty in settlements that becomes due if the regulated entity violates the order again, usually within one year. OACP may also allow offsets in settlements for expenditures that go beyond legal requirements, such as compensating consumers or buying equipment that provides future consumer benefits.
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