Tag Archives: junk fees

Biden Administration, Consumer Protection, News & Photo Features

Biden-Harris Administration Announces Rules to Deliver Automatic Refunds and Protect Consumers from Surprise Junk Fees in Air Travel

Newly finalized rules will mandate automatic, cash refunds for cancelled or significantly delayed flights and save consumers over half a billion dollars every year in airline fees 

Biden-Harris Administration announced final rules that require airlines to provide automatic cash refunds to passengers when owed and protect consumers from costly surprise airline fees. © Karen Rubin/news-photos-features.com

WASHINGTON – Building on a historic record of expanding consumer protections and standing up for airline passengers, the Biden-Harris Administration announced final rules that require airlines to provide automatic cash refunds to passengers when owed and protect consumers from costly surprise airline fees. These rules will significantly expand consumer protections in air travel, provide passengers an easier pathway to refunds when owed, and save consumers over half a billion dollars every year in hidden and surprise junk fees.
 
The rules are part of the Biden-Harris Administration’s work to lower costs for consumers and take on corporate rip-offs. President Biden signed an Executive Order on Promoting Competition in 2021 that encouraged DOT to take steps to promote fairer, more transparent, and competitive markets.

Today, the Biden-Harris Administration announced rules that require airlines to provide automatic cash refunds to passengers when owed and protect consumers from costly surprise airline fees. The President released the below statement and video.


“Our department just issued rules to protect people from hidden airline fees and to require airlines to give passengers automatic cash refunds when owed,” said Transportaiton Secretary Pete Buttigieg. “No more having to fend for yourself and jump through hoops to get your money back—airlines will have to automatically do this. This is about airlines treating passengers better, and it will save people more than half a billion dollars. Avoiding unwanted, expensive, unnecessary surprise airline fees.”

“Too often, airlines drag their feet on refunds or rip folks off with junk fees,” President Biden stated. “It’s time Americans got a better deal. Today, my Administration is requiring that airlines provide automatic refunds to passengers when they’re owed, and protect them from surprise fees.

“We all know what it’s like when airlines drag their feet on refunds or surprise us with junk fees. That’s why today my Administration is holding airlines accountable and bringing costs down for American families. This is just one part of my Administration’s plan to prevent companies from playing the American people for suckers. It matters,” Biden stated.


 Requiring Automatic Cash Airline Refunds
The first rule requires airlines to promptly provide passengers with automatic cash refunds when owed because their flights are cancelled or significantly changed, their checked bags are significantly delayed, or the ancillary services, like Wi-Fi, they purchased are not provided.
 
Without this rule, consumers have to navigate a patchwork of cumbersome processes to request and receive a refund — searching through airline websites to figure out how to make the request, filling out extra “digital paperwork,” or at times waiting for hours on the phone. Passengers would also receive a travel credit or voucher by default from many airlines instead of getting their money back, so they could not use their refund to rebook on another airline when their flight was changed or cancelled without navigating a cumbersome request process.
 
DOT’s rule makes it simple and straightforward for passengers to receive the money they are owed. The final rule requires refunds to be:
 

  • Automatic: Airlines must automatically issue refunds without passengers having to explicitly request them or jump through hoops.
  • Prompt: Airlines and ticket agents must promptly issue refunds within seven business days of refunds becoming due for credit card purchases and 20 calendar days for other payment methods.
  • Cash or original form of payment: Airlines and ticket agents must provide refunds in cash or whatever original payment method the individual used to make the purchase, such as credit card or airline miles. Airlines may not substitute vouchers, travel credits, or other forms of compensation unless the passenger affirmatively chooses to accept alternative compensation.
  • Full amount: Airlines and ticket agents must provide full refunds of the ticket purchase price, minus the value of any portion of transportation already used. The refunds must include all government-imposed taxes and fees and airline-imposed fees.
  •  
  • Protecting Against Surprise Airline Junk Fees
  • Secondly, DOT is requiring airlines and ticket agents to tell consumers upfront what fees they charge for checked bags, a carry-on bag, for changing a reservation, or cancelling a reservation. This ensures that consumers can avoid surprise fees when they purchase tickets from airlines or ticket agents, including both brick-and-mortar travel agencies or online travel agencies.
  •  
  • The rule will help consumers avoid unneeded or unexpected charges that can increase quickly and add significant cost to what may, at first, look like a cheap ticket. Extra fees, like checked baggage and change fees, have been a growing source of revenue for airlines, while also becoming more complex and confusing for passengers over time. In total, thanks to the final rule, consumers are expected to save over half a billion dollars every year that they are currently overpaying in airline fees.
  •  
  • DOT’s rule ensures that consumers have the information they need to better understand the true costs of air travel. Under the final rule, airlines are required to:
  • Disclose baggage, change, and cancellation fees upfront: Each fee must be disclosed the first time that fare and schedule information is provided on the airline’s online platform — and cannot be displayed through a hyperlink.
  • Explain fee policies before ticket purchase: For each type of baggage, airlines and ticket agents must spell out the weight and dimension limitations that they impose. They must also describe any prohibitions or restrictions on changing or cancelling a flight, along with policies related to differences in fare when switching to a more or less expensive flight.  
  • Share fee information with third parties: An airline must provide useable, current, and accurate information regarding its baggage, change, and cancellation fees and policies to any company that is required to disclose them to consumers and receives fare, schedule, and availability information from that airline.
  • Inform consumers that seats are guaranteed: When offering an advance seat assignment for a fee, airlines and ticket agents must let consumers know that purchasing a seat is not necessary to travel, so consumers can avoid paying unwanted seat selection fees.
  • Provide both standard and passenger-specific fee information:  Consumers can choose to view passenger-specific fee information based on their participation in the airline’s rewards program, their military status, or the credit card that they use — or they can decide to stay anonymous and get the standard fee information.
  • End discount bait-and-switch tactics: The final rule puts an end to the bait-and-switch tactics some airlines use to disguise the true cost of discounted flights. It prohibits airlines from advertising a promotional discount off a low base fare that does not include all mandatory carrier-imposed fees.

 
DOT’s Historic Record of Consumer Protection Under the Biden-Harris Administration
Both of these actions were suggested for consideration by the DOT in the Executive Order on Promoting Competition and build on historic steps the Biden-Harris Administration has already taken to expand consumer protections, promote competition, and protect air travelers. Under the Biden-Harris Administration, DOT has advanced the largest expansion of airline passenger rights, issued the biggest fines against airlines for failing consumers, and returned more money to passengers in refunds and reimbursements than ever before in the Department’s history. 

  • DOT launched the flightrights.gov dashboard, and now all 10 major U.S. airlines guarantee free rebooking and meals, and nine guarantee hotel accommodations when an airline issue causes a significant delay or cancellation. These are new commitments the airlines added to their customer service plans that DOT can legally ensure they adhere to and are displayed on flightrights.gov.
     
  • Since President Biden took office, DOT has helped return more than $3 billion in refunds and reimbursements owed to airline passengers – including over $600 million to passengers affected by the Southwest Airlines holiday meltdown in 2022.
     
  • DOT has issued over $164 million in penalties against airlines for consumer protection violations. Between 1996 and 2020, DOT collectively issued less than $71 million in penalties against airlines for consumer protection violations.
     
  • DOT recently launched a new partnership with a bipartisan group of state attorneys general to fast-track the review of consumer complaints, hold airlines accountable, and protect the rights of the traveling public.
     
  • In 2023, the flight cancellation rate in the U.S. was a record low at under 1.2% — the lowest rate of flight cancellations in over 10 years despite a record amount of air travel
     
  • DOT is undertaking its first ever industry-wide review of airline privacy practices and its first review of airline loyalty programs

 
In addition to finalizing the rules to require automatic refunds and protect consumers from surprise fees, DOT is also pursuing rulemakings that would: 

  • Propose to ban family seating junk fees and guarantee that parents can sit with their children for no extra charge when they fly. Before President Biden and Secretary Buttigieg pressed airlines last year, no airline committed to guaranteeing fee-free family seating. Now, four airlines guarantee fee-free family seating, as the Department is working on its family seating junk fee ban proposal.
     
  • Propose to make passenger compensation and amenities mandatory so that travelers are taken care of when airlines cause flight delays or cancellations.
     
  • Expand the rights for passengers who use wheelchairs and ensure that they can travel safely and with dignity. The comment period on this proposed rule closes on May 13, 2024.

Travelers can learn more about their protections when they fly at FlightRights.gov. Consumers may file an airline complaint with the Department here.

Biden Administration, Economic Policies, Financial Protection, Housing, President Joe Biden

FACT SHEET: Biden-Harris Administration Takes on Junk Fees in Rental Housing to Lower Costs for Renters

Major rental housing platforms and several states join the President’s effort to crack down on rental housing junk fees for consumers and increase transparency
 

President Biden announced a new front in his crackdown on junk fees: rental housing. From repeated rental application fees to surprise “convenience fees,” millions of families incur burdensome costs in the rental application process and throughout the duration of their lease. These fees are often more than the actual cost of providing the service, or are added onto rents to cover services that renters assume are included—or that they don’t even want. © Karen Rubin/news-photos-features.com

While the 3x indicted, 2x impeached serial criminal dictator wannabe Donald J. Trump continues to overturn democracy and seek office solely for his own benefit (staying out of prison, unlimited funds), the Biden-Harris Administration continues to actually take actions (not talk or promises) to make lives better for all Americans. The benefits are demonstrated in the strength of the economy, record job growth, real increases in wages. While Republicans do everything they can to obstruct, to create false narratives (inflation! Gas prices! Crime! Hunter Biden) and have undermined (sabotaged) the economy by bringing the full faith and credit in the U.S. to the brink, causing a lowering in America’s credit rating, Biden has taken action to lower costs for average Americans, give families “more breathing room” and grow the economy sustainably, from the bottom up and the middle out. Here’s a White House fact sheet on the latest actions: –Karen Rubin/news-photos-features.com

President Biden announced a new front in his crackdown on junk fees: rental housing. From repeated rental application fees to surprise “convenience fees,” millions of families incur burdensome costs in the rental application process and throughout the duration of their lease. These fees are often more than the actual cost of providing the service, or are added onto rents to cover services that renters assume are included—or that they don’t even want.
 
Rental housing fees can be a serious burden on renters. Rental application fees can be up to $100 or more per application, and, importantly, they often exceed the actual cost of conducting the background and credit checks. Given that prospective renters often apply for multiple units over the course of their housing search, these application fees can add up to hundreds of dollars. Even after renters secure housing, they are often surprised to be charged mandatory fees on top of their rent, including “convenience fees” to pay rent online, fees for things like mail sorting and trash collection, and even so-called “January fees” charged for no clear reason at the beginning of a new calendar year. Hidden fees not only take money out of people’s pockets, they also make it more difficult to comparison shop. A prospective renter may choose one apartment over another thinking it is less expensive, only to learn that after fees and other add-ons the actual cost for their chosen apartment is much higher than they expected or can afford.
 
The President outlined several new, concrete steps in the Administration’s effort to crack down on rental junk fees and lower costs for renters, including:

  • New commitments from major rental housing platforms—Zillow, Apartments.com, and AffordableHousing.com—who have answered the President’s call for transparency and will provide consumers with total, upfront cost information on rental properties, which can be hundreds of dollars on top of the advertised rent;
     
  • New research from the Department of Housing and Urban Development (HUD), which provides a blueprint for a nationwide effort to address rental housing junk fees; and
     
  • Legislative action in states across the country—from Connecticut to California—who are joining the Administration in its effort to crack down on rental housing fees and protect consumers.

These announcements build on the President’s effort to tackle junk fees across industries. President Biden has repeatedly called on federal agencies, Congress, and private companies to take action to address junk fees across the economy, and ensure Americans are provided with honest, transparent pricing. These hidden fees increase the costs consumers pay: studies have found that consumers pay upward of 20 percent extra when the actual price of the product or service is not disclosed upfront. Providing consumers with the full price they can expect to pay creates competition among providers to lower costs, without relying on hidden fees. Earlier this year HUD Secretary Marcia Fudge released an open letter to housing providers and state and local governments to encourage them to adopt policies that promote greater fairness and transparency of fees specifically faced by renters.
Today’s actions include:
 
Commitments by rental housing platforms to show total costs up front. Each month, tens of millions of customers search online to find their next apartment or house. Today, major rental housing platforms are answering President Biden’s call for pricing transparency and announcing new steps to provide consumers with up-front information about fees in rental housing, building on recent actions by private sector leaders in other sectors, including airlines and event tickets. By providing the true costs of rent, people can make an informed decision about where to live and not be surprised by additional costs that push them over budget.
 
These companies are making the following announcements:

  • Zillow is today launching a Cost of Renting Summary on its active apartment listings, empowering the 28 million unique monthly users on its rental platform with clear information on the cost of renting. This new tool will enable renters to easily find out the total cost of renting an apartment from the outset, including all monthly costs and one-time costs, like security deposits and application fees.
     
  • Apartments.com is announcing that this year it will launch a new calculator on its platform that will help renters determine the all-in price of a desired unit. This will include all up-front costs as well as recurring monthly rents and fees. The Apartments.com Network currently lists almost 1.5 million active availabilities across more than 385,000 properties.
     
  • AffordableHousing.com, the nation’s largest online platform dedicated solely to affordable housing, will require owners to disclose all refundable and non-refundable fees and charges upfront in their listings. It will launch a new “Trusted Owner” badge that protects renters from being charged junk fees by identifying owners who have a history of adhering to best practices, including commitment to reasonable fee limits, no junk fees, and full fee disclosure.

New research on policy innovation to address rental fees. HUD is releasing a new research brief that provides an overview of the research on rental fees and highlights state, local, and private sector strategies to encourage transparency and fairness in the rental market, including capping or eliminating rental application fees; allowing prospective renters to provide their own screening reports; allowing a single application fee to cover multiple applications; and clearly identifying bottom-line amounts that tenants will pay for move-in and monthly rent. The brief provides a blueprint for how everyone from local government to landlords can do better for renters.
 
Recent state actions to address the hidden and unfair fees. In March, the White House convened hundreds of state legislative leaders, and released a resource entitled, “Guide for States: Cracking Down on Junk Fees to Lower Costs for Consumers.” Since the President drew attention to the pervasive issue of junk fees throughout the economy, a number of states have already gotten to work to crack down on rental housing fees, including:

  • Colorado. Enacted House Bill 1099, which allows prospective renters to reuse a rental application for up to 30 days without paying additional fees; and House Bill 1095, which limits fees to tenants when landlords fail to provide a nonrenewal notice that disguise fees as “rent,” and limits the amount a landlord can mark up a tenant for third-party services.
     
  • Rhode Island. Enacted House Bill 6087 to limit rental application fees beyond the actual cost of obtaining a background check or credit report, if the prospective tenant does not provide their own report.
     
  • Minnesota. Enacted Senate File 2909, which includes a requirement for landlords to clearly display the total monthly payment and all nonoptional fees on the first page of the lease agreement and in all advertisements.
     
  • Connecticut. Enacted Senate Bill 998 to prohibit a landlord from requiring a fee for processing, reviewing, or accepting a rental application, and set a cap of $50 on the amount that can be charged for tenant screening reports. The law also prohibits move-in and move-out fees, and certain fee-related lease provisions, including certain late fees related to utility payments.
     
  • Maine. Enacted Legislative Document 691 to prohibit a landlord from charging a fee to submit a rental application that exceeds the actual cost of a background check, a credit check, or another screening process. The law also prohibits a landlord from charging more than one screening fee in any 12-month period. 
     
  • Montana. Senate passed Senate Bill 320 to require landlords to refund application fees to unsuccessful rental applicants except any portion of the fee used to cover costs related to reviewing the application, including conducting a background check. Landlords may only charge candidates for the actual cost of obtaining a background check or credit report.
     
  • California. Senate passed Senate Bill 611 to require the mandatory disclosure of monthly rent rates, including disclosure of a range of payments, fees, deposits, or charges, and to prohibit certain fees from being charged.

Earlier this year, the Consumer Financial Protection Bureau and the Federal Trade Commission, both independent agencies, requested information on tenant screening processes, including how landlords and property managers set application and screening fees, which will help inform enforcement and policy actions under each agency’s jurisdiction. The CFPB has noted that background checks too often include inaccurate or misleading information and risk scores that lack independent validation of their reliability.
 
These announcements build on the Biden-Harris Administration’s ongoing efforts to support renters, including through the release of a first-of-its-kind Blueprint for a Renters Bill of Rights and a Housing Supply Action Plan, focused on boosting the supply of affordable housing—including rental housing. Reducing housing costs is central to Bidenomics, and recent data show that inflation in rental housing is abating. Moreover, experts predict that roughly 1 million new apartments will be built this year, increasing supply that will further increase affordability. The actions announced today will help renters understand these fees and the full price they can expect to pay, and create additional competition housing providers to reduce reliance on hidden fees.
 
In the coming months, the Biden-Harris Administration will work with Congress, state leaders, and the private sector to address rental junk fees and build a fairer rental housing market. On July 26, the Senate Committee on Banking, Housing, and Urban Affairs will host its first-ever hearing on junk fees, including in the rental housing market.

Biden Administration, Consumer Protection, Financial Protection, Health Care, Joe Biden, News & Photo Features

Biden Takes New Actions to Lower Health Care Costs and Protect Consumers from Scam Insurance Plans, Junk Fees as Part of ‘Bidenomics’ Push

Actions are the latest in a series of steps the Biden Administration has taken to eliminate hidden junk fees and lower prescription drug costs

President Biden announced a series of new actions under a core pillar of his “Bidenomics” agenda to lower health care costs and crack down on surprise junk fees for American families and consumers © Karen Rubin/news-photos-features.com

Today, President Biden announced a series of new actions under a core pillar of his “Bidenomics” agenda to lower health care costs and crack down on surprise junk fees for American families and consumers. Since the beginning of his Administration, President Biden has passed historic legislation to lower health care costs for tens of millions of Americans, took on Big Pharma to finally allow Medicare to negotiate lower prescription drug prices, and took action to eliminate hidden fees in every sector of the economy. Today, the Administration is taking additional steps to continue to deliver on those promises.

The President announced:

  • The Biden-Harris Administration is cracking down on junk insurance.  New proposed rules would close loopholes that the previous administration took advantage of that allow companies to offer misleading insurance products that can discriminate based on pre-existing conditions and trick consumers into buying products that provide little or no coverage when they need it most.  These plans leave families surprised by thousands of dollars in medical expenses when they actually  use health care services like a surgery.  If finalized, the rule would limit so-called “short-term” plans to truly short time periods, close loopholes made worse by the previous administration, and establish a clear disclosure for consumers of the limits of these plans.
     
  • The Administration is releasing important guidance on rules against surprise medical billing. Biden-Harris Administration rules are already preventing as many as 1 million surprise medical bills every month.  New guidance will help stop providers from gaming the system by evading the surprise billing rules with creative contractual loopholes that still leave consumers with unexpected costs.
     
  • The Administration is announcing new steps to protect consumers from unfair medical debt. For the first time in history, the Consumer Financial Protection Bureau, HHS, and Treasury are collaborating to explore whether health care provider and third-party efforts to encourage consumers to sign up for these products are operating outside of existing consumer protections and breaking the law. Medical credit cards and loans often lead to higher costs without consumers fully understanding the risks.
     
  • The Department of Health and Human Services is releasing a new report showing that nearly 19 million seniors and other Part D beneficiaries are projected to save $400 per year on prescription drugs when President Biden’s $2,000 out-of-pocket cap goes into effect. It’s also releasing state by state data that demonstrates how seniors across the country are helped by just one element of the President’s robust agenda to lower prescription drug prices.

These actions are the latest in a series of steps the Administration has taken to address hidden junk fees across industries, including: cracking down on bounced check and overdraft fees in the banking industry, which is saving consumers more than $5 billion every year; proposing rules to require airlines to disclose all of their fees up front and successfully pushing a number of airlines to end family seating fees; and mobilizing private sector action to eliminate hidden junk fees for concert and sports tickets.

Cracking down on junk insurance
The Affordable Care Act has helped tens of millions of Americans access high-quality, affordable health insurance and protects Americans from being discriminated against because of pre-existing conditions.  But actions from the previous administration allowed insurance companies to take advantage of loopholes in the law and sell “junk insurance” plans that evade these protections. These “junk insurance” plans leave families surprised by thousands of dollars in bills, often because the insurance plan claims they have a pre-existing condition that isn’t covered.  For example, a man in Montana faced $43,000 in health care costs because his insurance plan claimed his cancer was a pre-existing condition, and a Pennsylvania woman was surprised by nearly $20,000 in bills for an amputation her junk plan refused to cover.  Today, the Biden-Harris Administration is proposing rules to crack down on this junk insurance, as part of the latest efforts by the Administration to eliminate hidden and junk fees in every industry across the economy.  These actions will reduce scam insurance plans that offer really no insurance at all.

  • “Short-term” plans must be truly short-term.  Under the new rules, if finalized, plans that claim to be “short-term” health insurance would be limited to just 3 months, or a maximum of 4 months, if extended – instead of the 3 years that junk plans can offer today as a result of changes made by the previous administration.
     
  • Income replacement “fixed indemnity” plans cannot mimic comprehensive health insurance. Under the proposed rules, plans that want to be exempt from the rules for health insurance — because they are designed to replace lost income when people get sick, rather than provide full medical coverage – have to live up to their original purpose and cannot be designed like comprehensive health insurance. This means that plans would need to make clear that people signing up for these plans would get a defined benefit, like $100 per day of illness, instead of thinking that they have comprehensive insurance. This proposed rule aims to prevent Americans from being on the hook for high medical costs, like a woman who needed an amputation and was left with $20,000 in medical debt because her plan did not include comprehensive coverage.
     
  • Plans have to clearly disclose limits. Under the proposed rules, plans are required to provide consumers with a clear disclaimer that explains the limits of their benefits, including to existing consumers currently enrolled in these plans. 

Preventing surprise medical billing
Before President Biden took office, millions of people received surprise bills for health care they thought was in-network care covered by their health plan.  This could include when people need emergency care and are taken to the nearest hospital, or when a pregnant woman delivers her baby at an in-network hospitals only to find out that the anesthesiologist who cared for her is actually out-of-network.  These surprise bills can cost people hundreds or thousands of dollars, averaging between $750 to $2,600. The Administration is protecting millions of consumers from surprise medical bills through the implementation of the No Surprises Act, which has already protected 1 million Americans every month since January 1, 2022 from unfair, undeserved out-of-network charges and balance bills.
 
The Biden-Harris Administration is taking an important next step to protect consumers from surprise medical bills by issuing guidance to clarify that payers cannot use loopholes to avoid surprising billing protections:

  • Ending abuse of “in-network” designation. Today, some health plans contract with hospitals, but try to claim that they are not technically “in-network” – which can expose consumers to higher payments when they have to make a hospital visit.  The Administration today is making clear this is not allowed under federal law: health care services provided by these providers are either out-of-network and subject to the surprise billing protections, or they are in-network and subject to the ACA’s annual limitation on cost-sharing, further protecting consumers from excessive out-of-pocket costs.
     
  • Facility fees treated like other health care costs. The Administration is also concerned about an increase in patients being charged “facility fees” for health care provided outside of hospitals, like at a doctor’s office. These fees are often a surprise for consumers. The Administration today is making clear that health plans and providers must make information about these facility fees publicly available to consumers, as well as other price information for services and items they cover or provide. In addition, nonparticipating providers and nonparticipating emergency facilities cannot evade the protections of the No Surprises Act, including the prohibition on balance billing, by renaming charges otherwise prohibited under the No Surprises Act as “facility fees.”

Protecting consumers from unfair medical debt
Increasingly, health care providers are signing up patients for third-party medical credit cards and loans to help pay for care. These credit cards often include teaser rates and deferred interest features that lead to higher costs for consumers, and may be offered even when low- or no-cost alternatives, such as zero-interest payment plans, financial assistance, or health coverage may be available. Health care providers may be promoting these products because they could allow providers to get paid faster, outsource servicing and collections costs to third parties, receive a higher payment from consumers who otherwise would pay a discounted price for care, and in some circumstances, receive a share of the interest revenue gained by the third-party financial company.
 
Use of these products may complicate insurance coverage and the availability of financial assistance, and consumers may not fully understand the risks associated with these products, leading to higher costs and negative impacts on consumers’ financial, physical, and emotional well-being.
 
For the first time ever, the Consumer Financial Protection Bureau (CFPB), HHS, and Treasury are collaborating on the needs of health care consumers by releasing a Request for Information (RFI) to learn more about this emerging practice and solicit comment on potential policy actions. Part of this RFI will explore whether providers are operating outside of existing consumer protections, because once medical bills are placed on medical credit cards, there may be gaps in how various consumer protections apply. 

New data shows nearly 19 million seniors and other Medicare beneficiaries will save an estimated $400 per year in prescription drug costs because of President Biden’s out-of-pocket spending cap
Thanks to President Biden’s Inflation Reduction Act, out-of-pocket spending on prescription drugs at the pharmacy will be capped at $2,000 per year for Medicare Part D enrollees starting in 2025.  Today, the Department of Health and Human Services (HHS) released data showing that 18.7 million (or 1 in 3) seniors and people with disabilities who are enrolled in Part D plans will save, on average, $400 per year when the $2,000 cap and other Inflation Reduction Act provisions go into effect in 2025. And some enrollees will save even more: 1.9 million enrollees with the highest drug costs will save an average of $2,500 per year starting in 2025. Overall, the law’s Part D benefits provisions will reduce enrollee out-of-pocket spending by about $7.4 billion annually.
 
To view data broken down by state and demographic, visit LINK.
 
Today’s actions follow significant milestones achieved last week in implementing President Biden’s historic law to lower health care and prescription drug costs. On June 30, the Centers for Medicare and Medicaid Services released revised guidance that describes how they will negotiate lower prescription drug prices for seniors later this year. The first ten drugs selected for negotiation will be announced by September 1, 2023. Also last week, the $35 monthly cap on insulin for Medicare Part B beneficiaries went into effect. Already 1.5 million Medicare Part D beneficiaries were saving up to hundreds of dollars per month on insulin costs because of the Inflation Reduction Act, and many more will benefit from these cost savings starting this month.
  

Biden Administration, Financial Protection

Biden Recognizes Private Sector Ticketing, Travel Companies For Agreeing to End Hidden Junk Fees, Implement Transparent Pricing

Companies Agree to Provide Millions of Consumers with the Full Price Up Front, Eliminating Hidden Costs and Saving Families Money

Our oceanfront AirBnB cottage, in Shippegan, New Brunswick, Canada. AirBnB is one of the companies that answered President Biden’s call to eliminate “junk” fees and implement transparent pricing © Karen Rubin/news-photos-features.com

Four months after he called out junk fees in his State of the Union and nine months after he first called for action to crack down on hidden fees to lower costs for consumers, President Biden is convening a meeting of private sector companies who have committed to end surprise fees by fully disclosing fees to consumers upfront. Together, these companies service millions of consumers each year, all of whom will receive a better shopping experience without surprise fees imposed at check-out.
 
Junk fees — hidden, surprise fees that companies sneak onto customer bills — are a pervasive problem in industries across the economy. That’s why the President has been calling on federal agencies, Congress, and private companies to take action to address these fees and provide consumers with honest, transparent pricing. A large body of research has shown that fees charged at the back-end of the buying process, along with other types of junk fees, make it harder to comparison shop, impede competition, and lead to consumers paying more.
 
The President announced actions by several companies in answer to that call. President Biden will be joined by representatives from Live Nation, SeatGeek, xBk, Airbnb, the Pablo Center at the Confluence, TickPick, DICE, and the Newport Festivals Foundation — companies large and small that currently provide all-in pricing or are announcing a new commitment to do so in the coming months.
 
In total, the companies that are making new commitments today will improve the purchasing experience for tens of millions of customers annually. These commitments are in response to the President’s call to action on junk fees in his State of the Union. For example, shortly after the State of the Union, Live Nation expressed interest to the Administration in announcing a commitment to offer all-in upfront pricing through its Ticketmaster platform. Today, Live Nation is committing to roll out an upfront all-in pricing experience in September showing just one clear, total price for more than 30 million fans who attend shows at the more than 200 Live Nation-owned venues and festivals across the country. Ticketmaster will also add a feature to give consumers the option to receive all-in upfront pricing for all other tickets sold on the platform.

 Additional commitments include:

  • SeatGeek, a ticketing platform that serves both the primary and secondary market, will roll-out product features over the course of the summer to make it easier for its millions of customers to shop on the basis of all-in price.
    • xBk, a Des Moines, Iowa-based venue and board member for the National Independent Venue Association, will introduce all-in pricing for over 15,000 tickets sold to over 100 events hosted at the venue.

These actions follow those that have been taken by other companies since the President first called for a crackdown on hidden fees in September:

  • Last December, Airbnb introduced a new total price display tool that allows US consumers to see all fees before taxes. Since then, more than 8 million visitors have taken advantage of the tool to view fee-inclusive pricing.
    • The Pablo Center at the Confluence from Eau Claire, Wisconsin will discuss the all-in pricing it implemented this April for the 90,000 tickets it sells each year for events at its venue. Since implementing this policy, the Pablo Center reports that it has experienced a 15% uptick in ticket sales, illustrating how venues can provide consumers with a transparent purchasing experience without hurting their business.

In addition, the President will be joined by representatives from companies that have long featured all-in pricing as part of their business models:

  • TickPick, a ticketing platform, has been displaying up-front, all-in pricing since its inception in 2011 for the more than 17 million users and 10 million tickets it sells per year.
    • DICE, a global independent music ticketing company, has been displaying upfront, all-in pricing since it was founded in 2014 for the more than 34 million fans attending over 40,000 events every year.
       
    • Newport Festivals Foundation, host of the long running Newport Folk Festival and Newport Jazz Festival, and has been displaying all-in pricing for the all 65,000 fans that attend their events each year since 2017.

The Administration has also taken a number of administrative actions to address junk fees in every sector of the economy, including:

  • The Consumer Financial Protection Bureau (CFPB) increased supervision of bank reliance on junk fees and issued guidance on illegal bounce check and overdraft fees, helping drive more than $5 billion in annual savings to consumers. Since the CFPB increased attention to these fees, 15 of the 20 biggest banks have committed to ending bounced check fees entirely. In addition, earlier this year the CFPB proposed a rule that is projected to cut credit card late fees by 75%, from $30 to $8, saving Americans up to $9 billion a year.
    • The Department of Transportation (DOT) has proposed a rule that would require airlines to disclose all of their fees, from baggage fees to wireless internet to seat changing fees, up front when you’re first comparing prices. In addition, last month DOT announced they will propose a rule later this year mandating airlines cover expenses and compensate stranded passengers they are at fault for a flight cancellation or delay. DOT also published a dashboard of airline policies for when flights are delayed or cancelled due to issues under the airlines’ control, leading 9 airlines to change policies to guarantee coverage of hotels and 10 airlines to guarantee coverage of meals, none of which was guaranteed before.
       
    • The Federal Communications Commission (FCC) released new rules that will go into effect next year to require broadband providers to use “nutrition labels”—similar to those used for food products—to convey key information to consumers about internet service options in an accessible format. The information featured will include prices, speeds, data allowances, and any additional fees charged. In addition, earlier this year the FCC proposed a new rule that would require cable provides to show all in pricing for cable and satellite services.

These voluntary actions demonstrate that companies both big and small recognize the importance of providing consumers with honest, up-front all-in pricing, rather than tricking them with surprise fees at the end of checkout. It is also just a first step towards addressing junk fees in the economy. The President continues to call on Congress to pass legislation that mandates up-front all-in pricing for all ticket sellers, bans surprise “resort fees,” eliminates early termination fees charged by cable, internet, and cellphone companies, and bans family seating fees

Biden Administration, Travel and Transportation, travel and transportation

USDOT Unveils Dashboard, Highlights Progress to Help Parents Avoid Family Seating Junk Fees  on Airlines

The U.S. Department of Transportation (USDOT) is making it easier for parents to avoid paying junk fees to sit with their children when they fly by rolling out a new family seating dashboard that highlights the airlines that guarantee fee-free family seating, and those that do not.  © Karen Rubin/news-photos-features.com

As USDOT works to ban family seating junk fees, new tool spotlights progress made on pushing airlines to guarantee parents can sit with their children fee-free 

WASHINGTON – Today, the U.S. Department of Transportation (USDOT) is making it easier for parents to avoid paying junk fees to sit with their children when they fly by rolling out a new family seating dashboard that highlights the airlines that guarantee fee-free family seating, and those that do not. As recently as a month ago, no U.S. airlines guaranteed fee-free family seating. Now, after weeks of USDOT and the Biden Administration pressing airlines to improve their customer service, American Airlines, Alaska Airlines, and Frontier Airlines have stepped forward to guarantee that parents can sit with their young children without getting nickel and dimed. While this represents significant progress, USDOT is not stopping there – and has already begun work on a common-sense rulemaking to ban airlines from charging families junk fees to sit together.  

“Parents traveling with young kids should be able to sit together without an airline forcing them to pay junk fees,” said U.S. Transportation Secretary Pete Buttigieg. “We have been pressing airlines to guarantee family seating without tacking on extra charges, and now we’re seeing some airlines start to make this common-sense change. All airlines should do this promptly, even as we move forward to develop a rule establishing this as a requirement across the board.”    
 

Last summer, Secretary Buttigieg pressed U.S. airlines to do more for passengers who had a flight canceled or delayed because of the airline. He informed the CEOs of the 10 largest U.S. airlines that the Department would publish a dashboard on amenities and services provided such as rebooking, meals, or hotels in the event of a controllable delay or cancellation. Prior to his urging, none of the 10 largest U.S. airlines guaranteed meals or hotels when a delay or cancellation was within the airlines’ control, and only one offered free rebooking. Now, all 10 airlines guarantee meals and rebooking, and nine guarantee hotels when an airline issue causes a cancellation or delay. 

Like the prior dashboard, the Department’s family seating dashboard provides a clear comparison of services the airlines have committed to provide, which will assist consumers when deciding which airline to fly. It makes it easier to know which airlines have stepped up and guarantee adjacent seats for young children traveling with an accompanying adult at no additional cost and which airlines do not.  
 
USDOT issued a notice last July stating that it is the Department’s policy that U.S. airlines ensure that children who are age 13 or younger are seated next to an accompanying adult with no extra charge. During a four-month review period following that notice, USDOT found that none of the airlines guaranteed family seating at no additional cost even though most asserted that they would make best efforts. This new dashboard allows parents to sidestep airlines’ confusing claims on family seating. To receive a green check on the dashboard, an airline must guarantee that parents can sit next to children age 13 and younger for free if adjacent seats are available when they book. And they must include that guarantee as part of their customer service plan so that it is backstopped by USDOT enforcement if they fail to deliver. 
 
Since most airlines currently do not guarantee that they will seat a parent and a child together at no extra cost, USDOT has begun work on a rulemaking to ensure a young child is able to sit adjacent to an accompanying adult. Because the rulemaking process can be lengthy, the President has called upon Congress to enact legislation, and the Administration plans to send Congress proposed legislation in the coming weeks. This is just one part of USDOT’s and the Administration’s ongoing efforts to strengthen consumer protections.  
 
Additional work that USDOT has done to protect traveling public includes: 

  • USDOT issued the largest fines in the history of the consumer protection office last year, primarily for failing to provide timely refunds. 
     
  • Since taking office, Secretary Buttigieg and USDOT have helped get hundreds of thousands of people more than $1 billion back in refunds. 
     
  • NPRM on Airline Ticket Refunds and Consumer Protections. The Department’s proposed rule on Airline Ticket Refunds, if adopted, would: 1) require airlines to proactively inform passengers that they have a right to receive a refund when a flight is canceled or significantly changed, and 2) define a significant change and cancellation that would entitle a consumer to a refund. The rule would also 3) require airlines to provide non-expiring vouchers or travel credits when people can’t travel because they have COVID-19 or other communicable diseases; and 4) require airlines that receive significant government assistance in the future related to a pandemic to issue refunds instead of non-expiring travel credits or vouchers when passengers are unable or advised not to travel because of a serious communicable disease.  A public hearing on this rulemaking is scheduled to take place on March 14, 2023, and you can register here to attend this hearing. 
     
  • NPRM on Enhancing Transparency of Airline Ancillary Service Fees. Under the proposed rule, airlines and travel search websites would have to disclose upfront – the first time an airfare is displayed – any fees charged to sit with your child, for changing or cancelling your flight, and for checked or carry-on baggage. The proposal seeks to provide customers the information they need to choose the best deal. Otherwise, surprise fees can add up quickly and overcome what may look at first to be a cheap fare.   A public hearing on this rulemaking is scheduled to take place on March 16, 2023, and you can register here to attend the hearing. 

For information about airline passenger rights, as well as DOT’s rules, guidance, and orders, the Department’s aviation consumer website can be found at: https://www.transportation.gov/airconsumer.

Biden Administration, Financial Protection, News & Photo Features

Biden Acts to Reduce Credit Card, Concert, Resort, Phone Termination Fees Saving Consumers $Billions

President Biden Calls for a Junk Fee Prevention Act to Eliminate Unfair and Costly Junk Fees 

Times Square NYC where you can use credit cards to buy souvenirs, theater and concert tickets, mobile phones, hotel accommodations. President Biden is proposing to save consumers billions of dollars in fees on everything from surprise resort and destination fees, to concert tickets, early termination for TV, phone and internet, and bank accounts and credit cards © Karen Rubin/news-photos-features.com

As part of the fourth meeting of the President’s Competition Council, the Biden-Harris Administration is announcing two actions that further advance the President’s agenda of promoting competition in the American economy. First, the Consumer Financial Protection Bureau (CFPB) is proposing a rule that would slash excessive credit card late fees, pursuant to its authority under the bipartisan Credit CARD Act of 2009. The rule is projected to reduce typical late fees from roughly $30 to $8, saving consumers as much as $9 billion a year in late fees. Second, the Department of Commerce’s National Telecommunications and Information Administration (NTIA) is releasing a report assessing the barriers to competition in the current mobile app store ecosystem and providing recommendations to level the playing field for app developers and give consumers more control over their devices.

The President will also highlight the Administration’s steady progress in eliminating or limiting junk fees: those hidden or unexpected fees that Americans pay each day that can total hundreds of dollars a month. Junk fees are not only costly to consumers, but they can stifle competition by encouraging companies to use increasingly sophisticated tools to disguise the true price consumers face. By reducing these fees and increasing transparency, we can provide relief to consumers and make our economy more competitive, particularly for new and growing businesses.

Since the President urged agencies to focus on reducing junk fees at the September 2022 meeting of the Competition Council, agencies have delivered in the following ways:

  • The CFPB targeted overdraft and bounced check fees, releasing two reports in 2021 and ramping up its oversight, driving 15 of the 20 largest banks to agree to put an end to bounced check fees. The CFPB followed up by releasing guidance banning surprise overdraft fees – fees charged for overdrawing a checking account even though at the time of purchase there appeared to be sufficient funds – and surprise depositor fees charged when you deposit someone else’s bounced check. These changes will reduce fees by more than $1 billion annually.
     
  • The Department of Transportation (DOT) proposed a rule to require airlines and online booking services to show the full price of a plane ticket up front, including baggage and other fees. DOT also published a dashboard of airline policies when flights are delayed or cancelled due to issues under the airlines’ control, leading 9 airlines to change policies to guarantee coverage of hotels and 10 airlines to guarantee coverage of meals, none of which was guaranteed before.
     
  • The Federal Communications Commission (FCC) released new rules that will go into effect next year to require broadband providers to use “nutrition labels”—similar to those used for food products—to convey key information to consumers about internet service options in an accessible format. The information featured will include prices, speeds, data allowances, and any additional fees charged.

Even as the Administration is taking these significant steps to use existing authority to eliminate junk fees, the President is calling on Congress to pass a Junk Fee Prevention Act that cracks down on four types of junk fees that cost American consumers billions of dollars a year.

Specifically, the President is urging Democrats and Republicans in Congress to come together to:

Crack down on excessive online concert, sporting event, and other entertainment ticket fees. Many online ticket sellers impose massive service fees at check-out that are not disclosed when consumers are choosing their tickets. In a review of 31 different sporting events across five ticket sellers’ websites, service charges averaged more than 20% of the ticket’s face value, and total fees—like processing fees, delivery fees, and facility fees—reached up to more than half the cost of the ticket itself. A family of four attending a show could end up paying far more than $100 in fees above and beyond the cost of the tickets.

Significant concentration in the industry—and a lack of consumer options—makes matters worse. Often, if Americans want to attend a particular concert or sporting event, they only have one online option for making the initial ticket purchase. That means that even if consumers knew they might have to pay a large fee on top of the ticket cost, they would have no way to avoid it if they wanted to attend a particular show. One company has exclusive partnerships with a reported 80 of the top 100 arenas in the United States, allowing it to charge fees to attend events at those leading venues without fear of competition.

While antitrust enforcement agencies have the authority to investigate and address anti-competitive conduct in the industry, the President urges Congress to act now to reduce these fees through legislation. Specifically, the President is calling on Congress to prohibit excessive fees, require the fees to be disclosed in the ticket price, and mandate disclosure of any ticket holdbacks that diminish available supply.

Ban airline fees for family members to sit with young children. Many airlines today charge a fee to select a seat in advance, including for those traveling with children. Parents can find themselves unexpectedly not seated with their young child on a flight or paying large fees to sit next to their children. The President believes no parent should have to pay extra to sit next to their child. 

In July 2022, the DOT issued a notice stating that it is the Department’s policy that U.S. airlines ensure that children who are age 13 or younger are seated next to an accompanying adult with no extra charge, but still no airline guarantees fee-free family seating. DOT will publish a family seating fee dashboard and launch a rulemaking to ban the practice. The President is calling upon Congress to fast-track the ban on family seating fees so that the DOT can crack down on these practices more quickly than through a rulemaking. 

Eliminate exorbitant early termination fees for TV, phone, and internet service. Too often, cable TV, internet, and mobile phone providers have “early termination” fees that consumers must pay if they want to switch to another provider. These fees can exceed $200. Early termination fees are costly for consumers and undermine economic dynamism by making it harder for innovative companies to win a toe-hold in the market by encouraging customers to switch. And these providers often charge people when they’re most vulnerable—people who are forced to move because of a job loss or other financial downturn, for example, may be slammed with hundreds of dollars in early termination fees.

The President urges Congress to eliminate these excessive early termination fees so that companies can no longer lock in customers and must truly compete with each other on the basis of price and quality.

Ban surprise resort and destination fees. When families set their budget for a vacation, they expect that the hotel price they see is the price they will pay. But many travelers encounter surprise “resort fees” or “destination fees” when they check out or at the end of a lengthy online reservation process. These fees harm consumers by preventing them from the seeing the true price when they pick out a hotel and by limiting their ability to comparison shop. Over the past decade, a growing number of hotels have imposed these fees on consumers, which can be $50 or more per night. More than one-third of hotel guests report having paid such fees. And the total costs for Americans are enormous: according to one report, hotels collected billions in these fees and surcharges in 2018.

The President urges Congress to ban these surprise fees by requiring that hotels include them in the price of the room, so consumers aren’t surprised. Travelers should know which hotels charge these fees and which ones do not, so that they can plan and budget accordingly.

The President is calling for passage of a Junk Fee Prevention Act to provide millions of Americans with fast relief from these frustrating and costly fees. This will not only save Americans billions a year, but make our markets more competitive—creating a more even playing field so that businesses that price in a fair and transparent manner no longer lose sales to companies that disguise their actual prices with hidden fees. In the coming weeks and months, the Biden-Harris Administration looks forward to working with Congress to crack down not only on these fees, but also other junk fees that take cash out of Americans’ pockets and hide the true cost of products.