Attorney General James Reminds Airline Travelers of Their Rights After Federal Administration Rolls Back Consumer Protection Rules

NEW YORK – New York Attorney General Letitia James today issued a consumer alert urging New Yorkers planning to fly during the holiday season to know their rights when faced with cancellations, severe delays, or other issues with airlines. Attorney General James urges all New Yorkers to file complaints online to potentially receive compensation if their travel plans are disrupted. 

“As New Yorkers head to the airport for the busiest travel days of the year, my office is going the extra mile to make sure they are treated fairly,” said Attorney General James. “I urge all New York travelers to know their rights and file complaints with my office if they experience significant delays, flight cancellations, or are denied boarding after purchasing a ticket.”

The U.S. Department of Transportation (DOT) has recently announced rollbacks of policies put in place during the prior administration that would ensure travelers receive compensation for certain delayed or canceled flights. However, travelers are still entitled to compensation in some cases of disrupted travel. Attorney General James urges all New Yorkers with air travel plans to know their rights and take the following steps to protect themselves during holiday travel:

• If a flight is significantly delayed, cancelled, or if a traveler is denied boarding despite purchasing a ticket, they may be entitled to compensation. Travelers can submit complaints online and should have the following documents and materials available to provide with their complaint:
  • Booking details, such as their ticket, itinerary, and invoice;
  • Flight details, such as dates, flight numbers, and city pairs; and
  • Any supporting documentation, such as a copy of the complaint filed with the airline or ticket agent, if available.
     
• Travelers are eligible to receive a full refund on their ticket within 24 hours of purchasing it, if the ticket is purchased more than seven days before the flight. However, most discount fares are non-refundable.
   
• Travelers are entitled to a refund if an airline cancels a flight, regardless of the reason, and the consumer chooses not to travel or accept travel credits, vouchers, or other forms of compensation offered by the airline.
   
• Airlines are required to adhere to the promises that they make in their customer service plan, including commitments to care for travelers in the event of controllable delays or cancellations. Travelers should consult the DOT’s airline cancellation and delay dashboard to see what amenities and compensation airlines have committed to provide passengers in the event of a controllable delay or cancellation.
   
• If a flight is scheduled to depart within seven days, airlines are required to provide status updates within 30 minutes of the airline becoming aware of a change. The flight status information must, at a minimum, be provided on the airline's website and telephone reservation system. The airline must also update all flight status displays and other sources of flight information at U.S. airports that are under the airline's control within 30 minutes of the airline becoming aware of the problem.
   
• If an airline has overbooked a flight and not enough passengers have volunteered to give up their seats to fly on a different flight, they may select passengers to bump off the flight. Passengers who are bumped may be entitled to compensation and must receive a written statement describing their rights and explaining how the airline decides who gets bumped.
   
• Travelers are entitled to refunds of their checked bag fees if their baggage:
  • Has been declared lost by the airline;
  • Is not delivered within 12 hours after the flight has arrived if it is on a domestic flight;
  • Is not delivered within 15 hours after the flight has arrived if the flight is international and shorter than 12 hours; or
  • Is not delivered within 30 hours after the flight has arrived if the flight is international and longer than 12 hours. 

New Yorkers who wish to file a complaint concerning air travel can do so online or by calling the Office of the Attorney General (OAG) at 1-800-771-7755.

Attorney General James has consistently taken action to protect New York travelers from being taken advantage of. In May 2023, Attorney General James supported new DOT rules requiring airlines to compensate passengers for cancellations or significant delays. These came after Attorney General James called on DOT in August 2022 to take specific actions to crack down on airlines and prevent future delays and cancellations. In March 2022, Attorney General James secured $2.6 million from an online travel agency, Fareportal Inc., for misleading consumers with false information about airline tickets and hotel rooms. In September 2021, Attorney General James urged DOT to take action to end airline “slot-squatting,” which is when airlines occupy flight slots at airports but under-utilize them, holding on to slots simply to prevent them from being used by their competitors, which inconveniences travelers.