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If your checked bag arrives late, the DOT thinks you should be guaranteed a refund

July 02, 2021
3 min read
Checked bags
If your checked bag arrives late, the DOT thinks you should be guaranteed a refund
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Checked-bag lovers — rejoice!

A new proposal by the U.S. Department of Transportation (DOT) would require airlines to refund checked-baggage fees if bags are considerably delayed. The story was first reported by The Associated Press, which cited unnamed officials. A source with knowledge of the plans, but was not authorized to talk publicly, confirmed the news to TPG.

This push is not new. DOT submitted a similar proposal into the Federal Register on Oct. 31, 2016. In the same year, Congress mandated that the DOT develop rules requiring airlines to promptly refund checked baggage fees to passengers in cases of late bag delivery. That mandate was not acted upon during the Trump administration.

Currently, regulations require only that airlines refund checked-bag fees if bags are lost altogether. The new proposal, which is expected to be filed in the coming days, would extend the refund to delayed checked bags and could come into effect as early as next summer.

This proposal would make enhanced checked-baggage protections an industry standard. However, it is quite lenient on carriers: Airlines would only be required to refund fees if a bag is over 12 hours delayed for a domestic flight or more than 25 hours delayed for an international flight.

Certain airlines, such as Delta, already have a checked baggage guarantee. For the Atlanta-based carrier, if checked bags do not arrive within 20 minutes of landing, passengers are eligible to receive 2,500 SkyMiles — worth $27.50 according to the most recent TPG valuation of SkyMiles — if they fill out this form.

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DOT's proposal is part of a larger push by the Biden administration toward more consumer protection in the airline industry. The DOT has recently been tough on airlines who have violated regulations: In June, the department proposed a fine of more than $25 million for Air Canada over denied refunds.

The Biden administration, as part of the same executive order, will also instruct the DOT to issue new consumer protection rules, according to sources. Those include:

  • Refunds for seat-selection fees if not available
  • Refunds for WiFi if it doesn’t work
  • Refunds for other services purchased a la carte, but not given

For the airlines, checked baggage is a big profit center. Passengers in the U.S. paid almost $6 billion in checked bag fees in 2019 alone.

The proposal still needs to be finalized by the DOT, but — if it goes through — it could be a first step in creating better consumer protection for passengers in the U.S.

Editorial disclaimer: Opinions expressed here are the author’s alone, not those of any bank, credit card issuer, airline or hotel chain, and have not been reviewed, approved or otherwise endorsed by any of these entities.

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  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
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  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
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  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.