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Janice A. Oser, Esq.
Janice A. Oser, Esq.
THE SILVER LINING – CONSUMER PROTECTION

Ever since the crash that brought about the greatest depression since the Depression, the people have been angry at the powers that be, or the powers that were. Most of us are still steamed up, but at least the powers that be, including the President, Congress, and the regulatory agencies, have scrambled to take some of the steam out with a bunch of consumer protection laws and regulations.

For air travelers, the good news is that as of April 29, an airline will not be able to keep you in a plane on the tarmac for more than three hours, under a rule issued by the federal Department of Transportation (DOT). After three hours, the airline must get the passengers back into the terminal, with exceptions allowed only for safety or security or if air traffic control advises the pilot in command that returning to the terminal would disrupt operations.

With the same exceptions, U.S. airlines operating international flights departing from or arriving in the U.S. must specify in advance their own time limits for deplaning passengers.

The airlines will be required to provide adequate food and drinking water for passengers within two hours of a plane’s being delayed on the tarmac, to maintain operable lavatories, and to provide medical attention if necessary.

The possible bad news for some air travelers is that the DOT has received requests for exemptions from the rule -- Delta, American and JetBlue at New York’s JFK International Airport, Continental at Newark’s LaGuardia Airports and its Newark, New Jersey, hub, and U.S. Airways at its hub in Philadelphia.

In addition, since a violation of the rule will subject the airline to a steep fine, airlines could conceivably be led to cancel more flights to avoid the possibility of fines. Cancellations, however, are also costly for the airlines, and some travelers might find a cancellation preferable to being in a plane held on the tarmac for over three hours.

The rule also contains other consumer protection provisions, including a requirement that airlines provide information to consumers on where to file complaints and respond to consumer complaints in a timely and substantive manner.

Another provision requires airlines to display flight delay information on their websites. In response to comments that changes to the airlines’ reporting systems necessitated by the rule could not be made by April 29, however, the DOT has proposed extending the date that the airlines must comply with this provision until June 14, 2010.

The good news for everyone who has a credit card is that new credit card rules issued by the Federal Reserve became effective on February 22, 2010. Among other things, these rules protect consumers from unexpected increases in credit card interest by generally prohibiting increases in a rate during the first year after an account is opened, as well as increases in a rate that applies to an existing credit card balance.

The good news for everyone who has an ATM card is that rules issued in November 2009 by the Federal Reserve prohibit financial institutions from charging consumers fees for paying overdrafts on ATM and one-time debit card transactions, unless a consumer consents, or opts in, to the overdraft service for those types of transactions. The bad news there is that these rules do not become effective until July 1, 2010.

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The Eldercountry Lawyer writes generally on law-related topics and does not provide legal advice on this site. If you need legal advice with respect to a particular issue or problem, you should retain a licensed lawyer in your jurisdiction. This site, including the Eldercountry Lawyer feature, does not offer to create a lawyer-client relationship between the reader and the Eldercountry Lawyer or any alternate or guest Eldercountry Lawyer. An e-mail directed to the attention of the Eldercountry Lawyer will not be considered a lawyer-client communication, so that it will not be privileged or confidential, nor will it create a lawyer-client relationship.

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July/August 2010


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