§41712 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can look into and stop airlines, foreign airlines, or ticket agents who act unfairly or deceptively in selling or providing air travel. The Secretary can start an investigation on their own or after a complaint from an air carrier, foreign air carrier, ticket agent, or an air ambulance consumer (a person the Secretary defines). If the Secretary gives notice and holds a hearing and finds a problem, the Secretary must order the person to stop the practice. Sellers who use electronic tickets must tell buyers if the ticket has an expiration date. Anyone selling tickets must tell a buyer, before purchase, which airline will fly the trip and, for trips with more than one segment, the airline for each segment. For online sales, this information must appear on the first results page after an itinerary search and be easy to see.

Title 49, §41712

Transportation — Source: USLM XML via OLRC

(a)On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined by the Secretary of Transportation), or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method.

(b)It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any.

(c)(1)It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket—

(A)the name of the air carrier providing the air transportation; and

(B)if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.

(2)In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4171249 App.:1381(a).Aug. 23, 1958, Pub. L. 85–726, § 411(a), 72 Stat. 769; Oct. 4, 1984, Pub. L. 98–443, § 7(a), 98 Stat. 1706. 49 App.:1551(b)(1)(E).Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. The words “such action by” are omitted as surplus. The words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254 inserted “air ambulance consumer (as defined by the Secretary of Transportation),” after “of an air carrier, foreign air carrier,”. 2010—Subsec. (c). Pub. L. 111–216 added subsec. (c). 2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

§41712 Unfair and Deceptive Practices and Unfair Methods of Competition