Fed up: Will fliers’ anger finally bring passenger rights?

Two years ago, this column asked, “When do airline passengers get their bill of rights?”, which detailed how air travelers in Europe — but not in the United States — fly under clear and firm rules for how airlines must treat them during delays, cancellations and other service disruptions.

I’ve been writing about the political climate for strengthening passenger rights going back quite a few years now, and even expressed optimism in 2009 with “Passenger rights debate on glide path through Congress.” The good news for passengers is even though that glide path was disrupted, there have been some meaningful initiatives from the U.S. Department of Transportation in recent years. But additional legislative and regulatory reforms have yet to be realized.

However, a new factor seems to have emerged in 2015 that may spur action, and that is anger. Consumer advocates and journalists alike are noting that grievances against airlines are rising; the most recent DOT statistics indicate monthly complaints against U.S. carriers increased by more than a third over last year. “I would agree that we’ve reached a new level of dissatisfaction,” says Paul Hudson, president of FlyersRights.org, a nonprofit passenger organization.

Anger in the air

At the heart of much of this discontent is the subject of shrinking seats and legroom, a topic addressed at length last September with “Think airline seats have gotten smaller? They have.” In fact, one member of Congress recently wrote to DOT Secretary Anthony Foxx, urging him to “stand up” for passengers to ensure they receive “acceptable legroom and seat size.”

Think airline seats have gotten smaller? They have

The airline industry has also been through a period of bad headlines. Consider the following:

• In September, Jeff Smisek stepped down as CEO of United Airlines as a result of alleged corruption in the airline’s relationship with the Port Authority of New York and New Jersey, which oversees United’s massive hub at Newark Liberty International Airport. Rep. Janice Hahn (D-Calif.) ripped Smisek’s reported $25 million severance parachute, stating, “It is amazing in this day and age where airlines treat passengers so poorly — shrinking legroom, charging for checking bags and snacks — that the CEO can receive an over-the-top severance package.”

• In July, reports surfaced that the U.S. Department of Justice is investigating the domestic airline industry for possible collusion by “limiting available seats to keep airfares high.” An academic white paper released in April may have influenced the DOJ’s decision to investigate; the thesis is that common ownership of the major airlines by a handful of investment firms has harmed consumers. The paper states: “In sum, we find that [airfares] are 3% to 11% higher because of common ownership, compared to a counterfactual world in which firms are separately owned, or in which firms entirely ignore their owners’ anti-competitive incentives caused by common ownership.”

• Also in July, the DOT launched a separate investigation into charges five domestic airlines — American, Delta, JetBlue, Southwest and United — engaged in price gouging after a fatal Amtrak crash in May shut down rail service in much of the Northeast; the charges allegedly include a $2,309 ticket from New York to Washington.

Fighting the good fight

So has passenger dissatisfaction finally reached a tipping point? “Hope springs eternal,” says Hudson. He notes he is “cautiously optimistic” about meaningful legislation for the first time since airline deregulation in 1978: “There hasn’t been a real look by Congress at the airline industry in 37 years.”

In that letter to Secretary Foxx, Rep. Hahn said she plans to introduce a Passenger Bill of Rights of her own, to “provide passengers a standard of reasonable conditions of travel.” We’ve seen several such bills introduced in both houses of Congress in recent years, so we’ll know soon enough if the political climate is changing in Washington. We’re also scheduled to see how the DOT responds to some of the passenger rights issues for which the department has been soliciting public comments.

Charlie Leocha, founder of the nonprofit Travelers United organization, serves on the DOT’s Advisory Committee for Aviation Consumer Protection. Over the past year I joined other advocates and industry professionals in testifying before the ACACP about the state of passenger relations. Leocha recently summed up that year of “tumultuous testimony” and announced the committee’s formal recommendations to the DOT, including disclosure of cancellation and change fees and advanced notification of changes to frequent-flier programs.

But perhaps the ACACP’s most important recommendation is that the Federal Aviation Administration conduct “realistic testing” of the 90-second emergency evacuation rule using real-world cabin seats, not the roomier seating standards that are far less common now. Leocha states, “Those tests should be changed to reflect today’s seating reality.” So in the end, ironically, it may be those tighter seats that bring about stronger oversight of the airlines.

What can passengers do?

“The public has to get much more active in order to break this logjam in Congress,” says Hudson. He and other advocates suggest change will need to be driven in part by consumers, who should contact representatives and the White House. Here are some other suggestions:

• The DOT provides guidance on how passengers can file complaints against airlines. DOT officials have confirmed that the passenger reforms undertaken in recent years were spurred in part by such complaints.

• FlyersRights.org includes several consumer petitions, including initiatives addressing a comprehensive passenger rights bill, shrinking airline seats and airline change fees.

• Social media has evolved into a very effective way of getting airlines’ attention —even in real time. In addition, some (though not all) carriers have responded quite quickly when passenger complaints go viral on Twitter, Facebook and YouTube. In other words, if you see something, say something — ONLINE.

Have you become dissatisfied with the flying experience? Are you hoping for meaningful changes? Let us know in the comments section.

Bill McGee, a contributing editor to Consumer Reports and the former editor of Consumer Reports Travel Letter, is an FAA-licensed aircraft dispatcher who worked in airline operations and management for several years. Tell him what you think of his latest column by sending him an email at travel@usatoday.com. Include your name, hometown and daytime phone number, and he may use your feedback in a future column.