ABSTRACT
Airline passenger rights in the United States lag behind protections in the European Union (EU), leaving consumers vulnerable. Since the 1978 Airline Deregulation Act (ADA), limited federal oversight and reliance on airline contracts have weakened recourse for passengers facing issues like disruptions, mishandled baggage, and unfair practices. The complex regulatory landscape and high costs of litigation pose barriers to dispute resolution, exemplified by failed attempts at a Passenger Bill of Rights (PBOR). In contrast, the EU has expanded protections through legislation and dedicated alternative dispute resolution (ADR) systems, including Online Dispute Resolution (ODR) platforms.
This Note analyzes the EU framework, using Spain as a case study, where recent regulations strengthened ADR by binding authority to resolutions. This analysis extends to pertinent observations from the German legal landscape. Insights from the EU model highlight the potential for specialized aviation ADR bodies and mandatory airline participation to level the playing field for passengers. However, imposing similar reforms in the United States may conflict with the hands-off approach rooted in deregulation policies. More modest yet impactful changes emphasizing incentives over mandates could promote voluntary airline adoption of binding arbitration procedures approved by the Department of Transportation (DOT). Targeted legislative adjustments maintaining deregulation principles while expanding accessible dispute resolution would align with the EU’s emphasis on passenger rights. Though substantial gaps remain, enhancing ADR access can gradually improve protections consistent with the U.S. regulatory philosophy. This incremental approach represents an attainable progression toward more equitable aviation dispute resolution.
Chang, Cheng-chi (Kirin), Destination ADR: Chartering a New Course for Airline Passenger Disputes (October 17, 2024), 55 Georgetown Journal of International Law 473 (2024).
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