WASHINGTON, Jan 28 (Reuters) - A U.S. appeals court on
Tuesday blocked the Biden administration's 2024 rule requiring
upfront disclosure of airline service fees, saying the
Transportation Department (USDOT) had not complied with
procedural rules.
The court ruling said the department had authority to write
fee disclosure rules that specifically address "unfair or
deceptive practices being conducted by airlines." However, the
court also said the department should have allowed airlines an
opportunity to comment on a study used by USDOT that looked at
the impact of the fee disclosure rules.
The court sent the rule back to USDOT to give it a
chance to address the procedural error. The department, which
has been under control of the Trump administration since Jan.
20, did not immediately comment on whether it plans to proceed.
Regulations issued by USDOT 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, but
they were put on hold pending a legal challenge.
Airlines including American Airlines ( AAL ), Delta Air
Lines ( DAL ), United Airlines, JetBlue ( JBLU ) and
Alaska Airlines, joined by trade group Airlines for
America and the International Air Transport Association, sued in
May to overturn the rules.
Airlines for America said it was studying the ruling and
did not comment.
The Biden rules had set an October 2024 deadline for
airlines to disclose fee data to third-party ticket agents, and
on their own websites by April 2025.
The industry previously said the rule would require
airlines to "spend millions" to re-engineer their websites.
In April, USDOT said consumers were overpaying $543
million in fees annually, generating additional revenue for
airlines from passengers surprised by having 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. Several U.S.
airlines boosted fees last year for checked baggage.
The rule would end "bait-and-switch tactics some
airlines use to disguise the true cost of discounted flights,"
added USDOT.
U.S. airlines collected $7.1 billion in baggage fees in
2023, up from $6.8 billion in 2022.