Source: US DOT

the Biden-Harris Administration proposed a new rule that would ban airlines from charging junk fees to seat families together on a flight. The Department of Transportation’s (DOT) proposed rule would require airlines to seat parents next to their young children for free when adjacent seating is available at booking. Mandating fee-free family seating would lower the cost of flying with young children — saving a family of four as much as $200 per roundtrip if seat fees are $25. DOT’s proposed family seating junk fee ban is part of President Biden’s whole-of-government push to crackdown on corporate rip-offs that can unfairly raise prices for consumers.

“Many airlines still don’t guarantee family seating, which means parents wonder if they’ll have to pay extra just to be seated with their young child. Flying with children is already complicated enough without having to worry about that,” said U.S. Transportation Secretary Pete Buttigieg. “The new rule we’re proposing today, which would ban airlines from charging parents a fee to sit with their children, is another example of the Biden-Harris Administration using all the tools at our disposal to lower costs for families and protect consumers from unfair practices.”

For many families, being seated next to their children is not optional, especially when they are too young to feed themselves, fasten their own seatbelt, go to the bathroom, and, in some cases, communicate. But despite adjacent seating being essential for young families, many airlines continue to force parents to choose between paying to lock in assigned seats or risk being seated apart. These fees add up and effectively raise the final cost of air transportation for many families traveling with young children.

Parents who decide not to pay family seating junk fees are stuck figuring out how to sit next to their children in the midst of the hectic boarding process. This can lead to problems for the other passengers on the flight. Once boarded, airlines may ask these passengers to “voluntarily” forfeit their seats, which they may have paid for in advance, and move to a less desirable seat so that a parent and child can sit together. If passengers choose not to swap seats, they may be seated next to an unsupervised child, causing stress for the child, parent, and surrounding travelers.

In 2023, President Biden called on Congress to ban family seating junk fees in his State of the Union address. Secretary Buttigieg then pressed the ten largest airlines to voluntarily ban these fees, four airlines – Alaska, American, Frontier, and JetBlue have done so. The Department has published a dashboard displaying which airlines guarantee fee-free family seating at flightrights.gov. Secretary Buttigieg also submitted a legislative proposal to Congress that would ban these junk fees and wrote letters to Congressional leadership in support of the ban. Congress gave DOT explicit authority to propose a rule to ban family seating junk fees as part of the bipartisan FAA Reauthorization Act of 2024.

DOT’s notice of proposed rulemaking (NPRM) specifically proposes to:

  • Ban family seating junk fees: The proposed rule would ban airlines from charging junk fees to assign seats for a young child (age 13 or under) next to their parent or accompanying adult.
  • Require adjacent family seating when available: The proposal would require airlines to seat parents next to their young children for free within 48 hours of booking when adjacent seats are available.
    • The proposal defines adjacent family seating as seats next to each other in the same row and not separated by an aisle.
    • Airlines would be required to make adjacent family seats available in every class of service and prohibited from defining class in a way that limits availability of family seating, such as structuring basic economy to consist of only middle seats.
    • In situations where it is impossible to provide adjacent seating for multiple young children, airlines would be required to seat them across the aisle from, directly in front of, or directly behind the parent or accompanying adult.
  • Mandate refunds, free rebooking, and other options when adjacent family seating is not available:If adjacent family seats are not available at booking, airlines would be required to provide passengers the choice between receiving a full refund or waiting for family seating to become available later. If a passenger chooses to wait and adjacent seats do not free up before other passengers begin boarding, an airline must give families the option to rebook for free on the next flight with available family seating or stay on the flight in seats that are not adjacent.
  • Require upfront disclosure of right to fee-free family seating: Under the proposed rule, airlines would be required to disclose clearly and conspicuously that passengers have the right to fee-free family seating. This includes disclosing on their public-facing online platforms and when a customer calls the airline’s reservation center to inquire about a fare or to book a ticket. The disclosure is also required to specify any airline requirements for check-in and boarding that may impact the ability to secure adjacent seats.
  • Impose a penalty for each family seating junk fee: Under the proposed rule, each family seating junk fee imposed by an airline and each young child that is not seated next to their parent or accompanying adult as required would be considered a separate violation. Airlines that fail to comply with the fee-free family seating requirements would be subject to civil penalties for each violation.

DOT’s proposed rule clarifies that family seating is considered a basic service, essential for adequate air transportation, that must be included in the ticket fare. The proposal also invites comment on what, if any, other services should also be considered basic and essential, and therefore included as part of the fare.

The Biden-Harris Administration has taken historic action to improve airline passenger rights and oversight of the airline industry:

  • Created a new rule to require airlines to provide automatic cash refundsto passengers when owed.
    • The rule makes clear that airline passengers are entitled to a refund when their flight is canceled or significantly changed and they no longer wish to take that flight or be rebooked, when their checked baggage is significantly delayed, or when extra services they paid for – like Wi-Fi – are not provided. The rule also requires refunds to be automatic, prompt, in the original form of payment, and in the full amount paid. Airlines must comply with the rule by late October.
    • Provisions of the final rule on airline refunds were fortified through the FAA Reauthorization Act of 2024 that President Biden signed into law on May 16, 2024.
  • Created a new rule to protect consumers from costly surprise airline junk fees.
    • The rule fosters a more competitive airline market by requiring airlines to disclose critical extra fees upfront – like change fees and baggage fees – to ensure consumers can better understand the true cost of their travel. The rule also bans “bait-and-switch” advertising tactics and requires airlines to clearly tell passengers upfront that a seat is included with the cost of their ticket, and they don’t need to pay extra. This rule is expected to save consumers over half a billion dollars every year.
  • Set up a system to expand the Department’s capacity to review air travel service complaints by partnering with a bipartisan group of state attorneys general, which will help hold airlines accountable and protect the rights of the traveling public. Attorneys general who have signed a memorandum of understanding with DOT will be able to access the new complaint system this fall.
  • Launched the govdashboard, after which all 10 major U.S. airlines guaranteed free rebooking and meals when an airline issue causes a significant delay or cancellation. These are new commitments the airlines added to their customer service plans that DOT can legally ensure they adhere to through enforcement action.
  • Secured nearly $4 billion in refunds and reimbursements owed to airline passengers –including over $600 million owed to passengers affected by the Southwest Airlines holiday meltdown in 2022.
  • Issued nearly $170 million in penalties against airlines for consumer protection violations since President Biden took office. In comparison, between 1996 and 2020, DOT collectively issued just over $70 million in penalties against airlines for consumer protection violations.