Delayed Flights and Delayed Rights: It is Time for the United States to Follow the European Union’s Lead and Enact More Regulations to Protect Airline Passengers

Authors

Hannah Foote, Southern Methodist University, Dedman School of LawFollow

Abstract

Since Congress passed the Airline Deregulation Act of 1978, travelers have benefitted from airline deregulation through discounted prices and greater access to air travel, but these benefits have largely been offset by the reality that many airline passengers are unsatisfied with the airline industry’s customer service, or lack thereof. This Comment argues that the United States should follow the European Union’s lead and, in accordance with Regulation EC 261, require airlines to compensate passengers when their flights are delayed or canceled. The concentrated aviation industry has created a market that does not adequately protect airline passengers, and the courts have not provided passengers with an adequate venue for relief. Enacting legislation similar to Regulation EC 261 would make airlines accountable, improve service at a marginally low cost, and generate a more uniform standard of airline passenger rights, creating more transparency and certainty for both airlines and passengers.

Recommended Citation

Hannah Foote, Delayed Flights and Delayed Rights: It is Time for the United States to Follow the European Union’s Lead and Enact More Regulations to Protect Airline Passengers, 88 J. Air L. & Com. 919 (2023)