News & Publications

Court Rejects Challenge to Airline Passenger Bill of Rights

On July 24, 2012, the U.S. Court of Appeals for the D.C. Circuit denied Spirit Airlines’ challenge to DOT’s “Enhancing Passenger Protections” rule (also known as the Airline Passenger Bill of Rights).  Spirit Airlines argued that three of the rule’s provisions—the “Airfare Advertising Rule,” the “Refund Rule,” and the “Post-Purchase Price Rule”—were arbitrary and capricious because they interfered with airline pricing and services and impermissibly re-regulated airline business practices.  The court denied the petition, concluding that (1) DOT’s requirement that the total price be displayed prominently is reasonable and prevents customer confusion, (2) the “Airfare Advertising Rule” is not an affirmative limitation on speech and is reasonably related to deception prevention, and (3) DOT’s approach to the “Refund Rule” took in to account the Airline’s concerns and was reasonable.