Travelers’ consumer rights highlighted in proposed legislation

An unprecedented number of pro-consumer laws have been introduced in Congress in recent months, giving travelers hope that their next trip could be better than the last — smoother, more comfortable and with fewer surprise fees.

Call it a “travel rights spring.” But will it last?

The reason for this legislation is obvious to anyone who travels. For decades, travelers — particularly airline passengers — have complained about shrinking seat sizes and rising fees. It wasn’t a question of whether Washington would intervene, but when.

“The airlines’ quest for ever more revenue has gone way too far,” says Richard Orr, a frequent traveler who works for a sporting goods chain in St. Charles, Missouri. Like other travelers, he’s been surprised at the rapid-fire introduction of these proposed laws in February and March. “Congress is finally taking concrete action,” he says.

LEGISLATIVE PROPOSALS

The prelude was the House version of the Federal Aviation Administration reauthorization bill, which contained a number of unexpected consumer provisions. Then, Rep. Steve Cohen (D-Tenn.), introduced the Seat Egress in Air Travel (SEAT) Act, which would have established a minimum seat size and a minimum distance between rows of seats for the safety and health of passengers. Although it failed as an amendment to the FAA reauthorization, it remains a stand-alone bill. Then the Senate took up the issue of minimum seat size when Sen. Chuck Schumer (D-N.Y.) announced plans to add an amendment similar to the SEAT Act to the Senate version of the FAA funding bill.

Congress doesn’t want to help only airline passengers. In late February, Sen. Claire McCaskill (D-Mo.), introduced the Truth in Hotel Advertising Act of 2016, a law that would prohibit hotels from advertising a room rate that doesn’t include all mandatory fees — effectively killing “resort fees” added to your bill.

Next, two Senate Democrats introduced the Forbid Airlines From Imposing Ridiculous Fees Act of 2016 — the FAIR Fees Act — which would prohibit air carriers from imposing fees that are “not reasonable and proportional” to the costs incurred by the air carriers.

But the biggest surprise came when the Senate introduced its version of the FAA bill, which contains numerous pro-consumer provisions, including better fee disclosure by airlines, automatic refunds for fees and a review of how airlines reveal information on their decisions to delay or cancel flights.

SHOCK FOR THE AIRLINES

These clauses sent shock waves through the airline industry. Jean Medina, a spokeswoman for Airlines for America, an airline trade group, described the legislative proposals to regulate airline fees and seat size as laws “cloaked under consumer protection that will actually harm customers who would end up paying more to fly than they do today.”

Many consumers beg to differ. “Air travel has become so miserable,” says Willa Kubasta, a retired medical assistant and office manager from Renton, Washington. “I’d rather spend more and have the privilege of being treated humanely and not like the lowest class of citizen.”

Henry Strozeski, a former chief financial officer for a nonprofit organization in Winter Park, Florida, agrees that customers are tired of the airline price games — dangling a low fare in front of a passenger, only to add fees for things such as confirmed reservations and seats with a reasonable amount of legroom. “Would it lead to higher prices?” he asks. “Yes, but the cost is worth it.”

SOLUTIONS BEYOND SEAT SIZE

Advocates say the timing is right and that they’ll fight to make a “travel rights spring” a reality. Paul Hudson, president of FlyersRights.org, which represents air travelers, says his organization will keep pushing Congress to return to “reasonable regulation” and consumer-friendly competition policies. Congress has little choice, he says. The alternative is “continued degradation of air travel and more monopoly, hurting both passengers and the U.S. economy.”

Indeed, consumer representatives have set their sights on a higher goal. “While seat sizes are an important issue for travelers, it is small ball compared to the larger, looming issues that travelers face,” says Trey Bohn, the executive director of Travelers’ Voice, an advocacy organization. At some point, Congress will need to address the lack of competition among airlines, he says. The solution? Banning future airline mergers, allowing foreign carriers to compete on domestic routes and doing away with so-called “code-sharing” antitrust immunity provisions that allow airlines to collude, according to advocates. And that’s likely to make the fight for these consumer bills seem like a polite debate.