WASHINGTON, July 29 (Reuters) - A U.S. appeals court
blocked on Monday the U.S. Transportation Department's new rule
on upfront disclosure of airline fees pending a full review of
the regulation, dealing a significant setback to the Biden
administration.
Final rules issued by the DOT in April required airlines and
ticket agents to disclose service fees alongside the airfare, in
a move to help consumers avoid unneeded or unexpected fees, as
part of an effort to tackle such fees over the last three years.
However, the rule "likely exceeds DOT's authority and will
irreparably harm airlines", a three-judge panel of the Fifth
U.S. Circuit Court of Appeals said, while granting the
industry's request for a temporary block.
The case will be scheduled for a hearing at the next
available session for oral arguments, it added.
American Airlines ( AAL ), Delta Air Lines ( DAL ), United
Airlines, JetBlue ( JBLU ), Alaska Airlines were
among the airlines, joined by trade group Airlines for America
and the International Air Transport Association, which sued in
May to block the rules.
The rules set carriers an Oct. 30 deadline to disclose fee
data to third-party ticket agents, and on their own websites by
April 30, 2025.
The industry said the rule would require airlines to "spend
millions" to re-engineer their websites, diverting resources
from other projects.
The airline group declined to comment on Monday's ruling.
A DOT spokesperson said it would continue to defend the
rule, adding, "Nothing in the court's decision prevents airlines
from voluntarily complying with this common sense rule that
simply requires them to keep their customers fully informed."
Transportation Secretary Pete Buttigieg has recently voiced
concern about the refund practices of airlines - notably Delta
Air Lines ( DAL ) - after cancellations triggered by a software
update by global cybersecurity firm CrowdStrike ( CRWD ) caused
system problems for Microsoft ( MSFT ), including many airlines.
In April, DOT said consumers were overpaying $543 million in
fees annually, generating additional revenue for airlines from
passengers surprised by fees who found they needed to pay a
"higher fee at the airport to check a bag."
Major airlines charge such higher fees if travelers do not
pay in advance or wait until flight time. Many large U.S.
airlines boosted fees this year for checked baggage.
The rule would end "bait-and-switch tactics some airlines
use to disguise the true cost of discounted flights," added the
DOT, which bars airlines from advertising promotional discounts
off a low base fare that excludes mandatory carrier fees.
U.S. airlines collected $7.1 billion in baggage fees in
2023, up from $6.8 billion in 2022.