U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART A— AIR COMMERCE AND SAFETY › Subpart subpart ii— economic regulation › Chapter CHAPTER 417— OPERATIONS OF CARRIERS › Subchapter SUBCHAPTER I— REQUIREMENTS

49 U.S.C. § 41712

Unfair and deceptive practices and unfair methods of competition

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(a)In General.—On the initiative of the Secretary of Transportation or the complaint of an air carrier, foreign air carrier, air ambulance consumer (as defined by the Secretary of Transportation), or ticket agent, and if the Secretary considers it is in the public interest, the Secretary may investigate and decide whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation or the sale of air transportation. If the Secretary, after notice and an opportunity for a hearing, finds that an air carrier, foreign air carrier, or ticket agent is engaged in an unfair or deceptive practice or unfair method of competition, the Secretary shall order the air carrier, foreign air carrier, or ticket agent to stop the practice or method.(b)E-Ticket Expiration Notice.—It shall be an unfair or deceptive practice under subsection (a) for any air carrier, foreign air carrier, or ticket agent utilizing electronically transmitted tickets for air transportation to fail to notify the purchaser of such a ticket of its expiration date, if any.(c)Disclosure Requirement for Sellers of Tickets for Flights.—(1)In general.—It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to fail to disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket—(A) the name of the air carrier providing the air transportation; and(B) if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.(2)Internet offers.—In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, § 221, Apr. 5, 2000, 114 Stat. 102; Pub. L. 111–216, title II, § 210, Aug. 1, 2010, 124 Stat. 2362; Pub. L. 115–254, div. B, title IV, § 419(b), Oct. 5, 2018, 132 Stat. 3336.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41712

49 App.:1381(a).

Aug. 23, 1958, Pub. L. 85–726, § 411(a), 72 Stat. 769; Oct. 4, 1984, Pub. L. 98–443, § 7(a), 98 Stat. 1706.

 

49 App.:1551(b)(1)(E).

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.

The words “such action by” are omitted as surplus. The words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.

Editorial NotesAmendments

2018—Subsec. (a). Pub. L. 115–254 inserted “air ambulance consumer (as defined by the Secretary of Transportation),” after “of an air carrier, foreign air carrier,”.

2010—Subsec. (c). Pub. L. 111–216 added subsec. (c).

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Notes of Decisions
Cited in 38 cases (5 in the last 5 years), 1995–2025 · leading case: Sabre, Inc. v. Dep't of Transp., 429 F.3d 1113 (D.C. Cir. 2005).
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Sabre, Inc. v. Dep't of Transp., 429 F.3d 1113 (D.C. Cir. 2005). · cites it 7× “section 411, 49 U.S.C. § 41712 (a). See Computer Reservations System Regulations, 69 Fed.”
Spirit Airlines, Inc. v. United States Dep't of Transp., 687 F.3d 403 (D.C. Cir. 2012). · cites it 6× “” 49 U.S.C. § 41712 (a). 4 Pursuant to that authority, DOT issued a final rule entitled “Enhancing Airline Passenger Protections.”
Competitive Enter. Inst. v. United States Dep't of Transp., 863 F.3d 911 (D.C. Cir. 2017). · cites it 2× “§ 41702 and § 41706 provide alternative authority for the rule, the sections are not co-extensive. The key difference is in their geographic scope.”
Casas v. Am. Airlines, Inc., 304 F.3d 517 (5th Cir. 2002). · cites it 2× “First, 49 U.S.C. § 41712 provides that the Secretary of Transportation “may investigate and decide whether an air carrier .”
Nw., Inc. v. Ginsberg, 134 S. Ct. 1422 (2014). “Congress has given the Department of Transportation (DOT) the general authority to prohibit and *289 punish unfair and deceptive practices in air transportation and in the sale of air transportation, 49 U.S.C. § 41712 (a), and Congress has specifically authorized the DOT to…”
Musson Theatrical, Inc., & Modernage Photo Serv., Inc., for Themselves & All Others Similarly Situated v. Fed. Express Corp., 89 F.3d 1244 (6th Cir. 1998). “A.N. 2857, 2860 (explaining rationale for change).”
Bryan Ray v. Spirit Airlines, Inc., 767 F.3d 1220 (11th Cir. 2014). · cites it 2× “” 49 U.S.C. § 41712 (a). 1 The DOT may order an air carrier to stop an unfair or deceptive practice or method and may impose civil penalties of no more than $25,000 for each day of these violations.”
Airlines for Amer v. Dept of Trans, 127 F.4th 563 (5th Cir. 2025). · cites it 12× “Haynes, Circuit Judge: In 2024, the Department of Transportation (“DOT”) issued a final rule under 49 U.S.C. § 41712 (a) requiring airlines to disclose certain fees upfront when potential customers search for itineraries.”
Lenworth Bailey v. Rocky Mountain Holdings, LLC, 889 F.3d 1259 (11th Cir. 2018). · cites it 3× “" 21 49 U.S.C. § 41712 (a). These words, "unfair" and "deceptive," were left for "case-by-case definition," Pan Am.”
Scarlett v. Air Methods Corp., 922 F.3d 1053 (10th Cir. 2019). “Under the new law, the DOT "shall review aviation consumer complaints received that allege a violation of law and, as appropriate, pursue enforcement or corrective actions that would be in the public interest.”
All World Prof'l Travel Servs., Inc. v. Am. Airlines, Inc., 282 F. Supp. 2d 1161 (C.D. Cal. 2003). · cites it 2× “American cites to 49 U.S.C. § 41712 (“Section 41712”)for this proposition.”
CSI Aviation Servs., Inc. v. United States Dep't of Transp., 637 F.3d 408 (D.C. Cir. 2011). “Violations of section 41101 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712 . Violations of these provisions subject CSI and its principals to the assessment of civil penalties .”
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