Passenger rights group sues DOT over rule shifting flight delay costs to travelers

Airline passenger group FlyersRights announced on October 30, 2026 that it had filed a petition in the US Court of Appeals for the District of Columbia Circuit against the US Department of Transportation (DOT), challenging a DOT rule that changes how airlines report the causes of flight delays and cancellations. Under the rule, ten types of disruption would move out of the Air Carrier category, which covers causes treated as within an airline's control.

The types include certain unscheduled maintenance, cybersecurity attacks, removal of an unruly passenger, medical emergencies not attributable to the airline, and unexpected failures of government systems. The maintenance provision covers problems outside scheduled maintenance that cannot be deferred or must be fixed before flight, including work required by an airworthiness directive, while cyberattacks qualify only if the airline complies with applicable cybersecurity regulations. FlyersRights argues that airline commitments to provide meals, hotel rooms and transportation often turn on whether a disruption was within the carrier's control, so the reclassification could shift those costs to passengers. It also argues that Congress directed a change in delay-cause reporting only, not a reduction in assistance for stranded passengers, and that DOT improperly skipped the usual public notice-and-comment process.

DOT said the exclusions were required by the FAA Reauthorization Act of 2024, and acknowledged in the rule that it expects airlines to provide fewer amenities and less compensation once the ten causes are excluded. The rule was published on September 3, 2026, but its effective date was postponed to February 1, 2027 after a request from Airlines for America, with the revised reporting requirements applying to flights beginning January 1, 2027; the changes had not yet taken effect at publication. FlyersRights and three other consumer organizations had previously asked DOT to withdraw the rule. Ticket refunds are separate from the meals, lodging and other assistance at issue: under DOT rules described in the article, passengers are entitled to a refund for a canceled flight, regardless of cause, if they decline alternative travel, vouchers or other compensation, and refund rights also apply to qualifying significant delays and schedule changes when passengers choose not to travel.