Airline baggage fees: Court blocks disclosure of prices up front, for now

A U.S. Court of Appeals has blocked a protection for airline passengers that would have required airlines to disclose upfront the costs for checking bags, having carry-ons and changing or canceling flights. There was some encourage news for consumer advocates, however.

The Department of Transportation last year approved a final rule to protect consumers from surprise fees after they’ve booked a flight. The decision came from the 5th Circuit Court of Appeals.

Most airlines used to allow two checked bags at no cost. That’s changed in recent years, but some airlines still don’t charge for bags and some do. And in a more recent change, some airlines charge for carry-on bags. It’s challenging for some consumers to figure this out, especially those who don’t fly often. People in the United States fly once every 12 to 18 months on average.

The rule would have required airlines and ticket agents/ticketing websites to disclose up front any fees for the first and second checked bags and carry-on bags, and any fee that might come from the traveler changing or canceling the flight.

“Clear and conspicuous” disclosure was to be required for airlines by April 30, 2025 before a ticket purchase when someone views flight options or does an online search. The rule applied to U.S. and foreign airlines flying to, from or within the United States, and any time they provide fare and schedule information.

Ticket agents were expected to comply by Oct. 30, 2025, except for those meeting the Small Business Administration definition of a small company. They were to comply by April 30, 2026.

Price disclosure helps travelers price shop and understand final costs, and encourage competition among the airlines, the DOT said. Some airlines already do this.

One positive from the ruling: The court did reject the airlines’ contention that the DOT lacks the authority to issue regulations that protect consumers from unfair practices. Dozens of key consumer protection laws hinge on this authority. That leaves the door open for the DOT to introduce this again at some point.