In this post I wanted to talk briefly about filing consumer complaints with the United States Department of Transportation (DOT). Why and when should you do it, what’s the process like, and what should you expect?
In this post:
When you should consider filing a DOT complaint
When things go wrong with your travels, there’s an order in which you should try to get things resolved:
- If you’re actually traveling, you should first try to talk to an airline representative at the airport
- If the issue doesn’t involve immediate travel or irregular operations, you should then reach out to the carrier’s customer relations department; if you don’t get a satisfactory response, respond to the email explaining you’re not happy with the response, and give the airline one more chance
- If that doesn’t work, it can then make sense to email the company’s CEO, as there’s typically an “executive” customer relations department that these emails get forwarded to
Unfortunately so many airlines have now automated customer relations, where they just copy and paste the same response to everyone (which I’m sure they’d call “AI”), or even worse, write complete gibberish.
If you’ve gone through that process and haven’t received a satisfactory resolution, you have two additional options. You can either contact the DOT and file a consumer complaint (which is super straightforward), or you can potentially pursue legal action (which is much more complicated).
Let me emphasize that a DOT complaint is intended for when passenger rights are violated, or for fairly serious issues. So I wouldn’t file a DOT complaint because a flight attendant wasn’t friendly or your business class meal wasn’t delicious.
Rather, you should file a complaint for situations where you don’t get a refund on time, if you feel you were denied boarding or downgraded and not compensated correctly, if your bags were lost, if you feel you were discriminated against, etc.
How to file a DOT air travel complaint
You can file a DOT complaint at this link. The process is super straightforward — you just have to provide your name, contact information, flight information, and then a description of your inquiry or comment, which can be up to 1,000 characters. You can also add supporting documents. If you want to write more than 1,000 characters, just attach a letter as a document.
What to expect when you file a complaint
I want to set realistic expectations here. When you file a DOT complaint, it’s not like the carrier’s CEO is going to call you the next day and apologize. However, this accomplishes two important things:
- A real human at the airline will actually review your case
- The number of consumer complaints is tracked by the DOT, so filing a complaint sends a message to the airline you’re frustrated with, and the DOT publishes the number of complaints against airlines, and that matters
When you file a DOT complaint, the DOT forwards the request to airlines. Airlines then have up to 30 days to acknowledge the complaint, and have up to 60 days to respond to the complaint. The carrier’s response is also shared with the DOT, so the fact that the response also goes to the government should make it more serious.
I don’t want to suggest that a DOT complaint will always get you a resolution, but it’s your next best, simple option, after you feel you’ve pursued all avenues directly with an airline. And at a minimum you should feel good about filing a complaint if you’re truly dissatisfied, since the complaint will count publicly against the airline.
Bottom line
It’s common to feel like you’ve reached a dead-end with customer relations departments at airlines. In those situations, your next best option is filing a consumer complaint with the Department of Transportation. When you do this, the airline needs to respond (and typically not just an automated response), and it also counts publicly against the airline.
Have you ever filed a complaint with the DOT?
Can a non-US citizen make a complaint through DOT?
There are two classes of complaints one can file with the DOT the second of which either requires an attorney or the skills of one and I presume is not what Lucky is thinking about in this post since the time and effort to argue those is only really appropriate where the intention is to get an airline to change or implement a new policy.
I doubt this is the objective for most readers of...
There are two classes of complaints one can file with the DOT the second of which either requires an attorney or the skills of one and I presume is not what Lucky is thinking about in this post since the time and effort to argue those is only really appropriate where the intention is to get an airline to change or implement a new policy.
I doubt this is the objective for most readers of this blog. More likely its that you believe you've been mistreated in some manner and are owed compensation. In that case a complaint to the DOT is pretty much a waste of time as sorting out your complaint is simply not the mandate of the DOT. However there is a forum that is designed exactly for this purpose and it's small claims court.
My advice to anyone who feels they have been mistreated is to first take a long deep breath and put the matter aside for a period of time. Then some time later walk through what happened dispassionately what occurred to determine whether there really has been a failure on the airline's part to fulful their obligation and if so what exactly that obligation.
Only then and only if there is a pretty good case do I suggest writing a letter laying out your argument and send it to the office of the President because there is an entire staff of people who's job it is to resolve these matters. But the key is to make sure you are in the right and that requires careful analysis of what the contract really entitles you to. Unfortunately few passengers make the effort to understand this and result is airlines receive a large volume of complaints that are without merit.
If you can avoid being one of those you have a very good chance of a satisfactory outcome from the airline but if not you have exactly what you need to obtain what you are asking for by order of the court.
The DOT is not the appropriate forum to resolve individual complaints however that is exactly what small claims court was created to do. If you have an issue you can't resolve with another party and you think you are on firm legal ground, take it to a judge and have them decide. That's what they are they are there for.
Back in later 2020 I was owed a refund from Vietnam Airlines for a flight that had been cancelled due to Covid. Vietnam Air acknowledged they owed me money, and "processed my refund" but of course they never did, I just kept getting the run around from them. Tired of their lies, I decided to file a DOT complaint as a hail mary pass even though DOT had no juridiction since this flight was an...
Back in later 2020 I was owed a refund from Vietnam Airlines for a flight that had been cancelled due to Covid. Vietnam Air acknowledged they owed me money, and "processed my refund" but of course they never did, I just kept getting the run around from them. Tired of their lies, I decided to file a DOT complaint as a hail mary pass even though DOT had no juridiction since this flight was an inter-Asia flight on Vietnam, but what did I have to lose?
Within a few days I got a response from DOT that said "Hey, this is not in our jurisdiction to enforce so we can't force them to do anything, but they also don't want to be on our bad side so we'll send it to them for a response and see if that shakes anything loose" and sure enough within a few weeks I had my refund.
So yes, a DOT complaint can and does work, and I'm so tired of all the people speculating in comments about "the metrics won't scare an airline so they have no reason to comply" and other nonsense, just shut up and file the complaint and stop assuming the process is useless. What do you have to lose by trying?
RCB makes a valid point. There are a small subset of complaints where the DOT will send a notice to the airline that can be effective and a failure to make a refund is one of those. However if complaining the DOT and having them either not respond, respond that your complaint isn't under their jurisdiction or that the airline hasn't broken any DOT regulation can hurt you in small claims court.
The DOT is...
RCB makes a valid point. There are a small subset of complaints where the DOT will send a notice to the airline that can be effective and a failure to make a refund is one of those. However if complaining the DOT and having them either not respond, respond that your complaint isn't under their jurisdiction or that the airline hasn't broken any DOT regulation can hurt you in small claims court.
The DOT is not there to help you enforce your contract with the airline. They are there to enforce DOT regulations so if are making claim that involves a breach of the contract but not of DOT regs then not only isn't the DOT going to help they are going to say that (from their perspective) the airline didn't do anything wrong. That's not relevant if the claim is for breach of contract but a small claims judge is likely to fail to understand that.
So it's important to think about whether the DOT is the appropriate entitiy in your situation. In very limited circumstances where they have been heavily involved such as a failure to refund they are but in most cases they are not.
I tried for over 9 months to get resolution through the airline on a refund I was definitely owed (Iberia) and kept being met with different "groups" of customer service, multiple case numbers, phone, email, escalated, non-escalated and each person gave me different answers or punted for a later response which never came. After a couple of vehement "no" responses I felt I had no choice to go the DOT complaint route. It took another...
I tried for over 9 months to get resolution through the airline on a refund I was definitely owed (Iberia) and kept being met with different "groups" of customer service, multiple case numbers, phone, email, escalated, non-escalated and each person gave me different answers or punted for a later response which never came. After a couple of vehement "no" responses I felt I had no choice to go the DOT complaint route. It took another 2 months, and 2 more exchanges with the airline, but I finally got my refund. It was significant so I decided worth pursuing, but I'm quite certain I would not have gotten it otherwise. I am just sorry I didn't sooner - the hours of life lost on the phone, etc... were ridiculous.
The comment about the hours spend trying to get their refund is dead on. But why bother when you can simply send a letter to the airline asking for the refund you are entitled to and if they fail to provide it go online and in a few minutes file a small claims lawsuit?
This will force the airline to respond or result in a default judgement for what you are owed without the necessity to waste hours of your time.
It should be noted that the DOT is so far behind in compiling and releasing consumer complaint data that it is doubtful they are even processing complaints any more.
They said back in 2023 that complaints soared in the post-covid domestic demand return period as a number of airlines had operational problems.
Typically, the DOT released consumer complaint data in their monthly report two months after the end of the month for the data -...
It should be noted that the DOT is so far behind in compiling and releasing consumer complaint data that it is doubtful they are even processing complaints any more.
They said back in 2023 that complaints soared in the post-covid domestic demand return period as a number of airlines had operational problems.
Typically, the DOT released consumer complaint data in their monthly report two months after the end of the month for the data - which is the same cycle for on-time, cancellations, baggage handling and other data. ie. June 2024 operational data should be made public in the August 2024 report. In 2023, they started releasing the Air Travel Consumer Report w/o complaint data and even then it is often weeks behind schedule.
The last consumer complaint data which the DOT published was in July 2023 for May 2023 and that was a revised report released months after the full July 2023 report.
bottom line is that it is doubtful that is properly handling consumer complaints because they certainly are nearly a year behind schedule in releasing data to the public.
This is correct but also not really the issue. Even if the DOT wasn't behind they are still the wrong forum for most complaints since their job is to enforce DOT regulations en mass. So if an airline has a policy of failing to make refunds to passengers the DOT is going to take an interest but if an airline is making refunds but just hasn't made one to you it isn't a priority for...
This is correct but also not really the issue. Even if the DOT wasn't behind they are still the wrong forum for most complaints since their job is to enforce DOT regulations en mass. So if an airline has a policy of failing to make refunds to passengers the DOT is going to take an interest but if an airline is making refunds but just hasn't made one to you it isn't a priority for them to get involved in your individual situation (although refunds is a special case where they make some effort).
But you shouldn't expect any help from the DOT in most cases, even when there has been a violation of DOT regulations, let alone when the issue is governed by the airline's CoC. For example the DOT requires a minimum payment for an involuntary bump but they haven't taken any action against airlines for failing to pay compensation most likely because unlike refunds when compensation is due, unlike refunds, is an issue of facts that often aren't clear (like whether the passenger timely presented themselves at the gate).
For these reasons is only a good idea to file a DOT complaint if you are sure the matter at hand is one that the DOT is willing to take action on on an individual basis, in a timely manner and most important in your favor.
You and I are talking about two different functions.
Look at the complaint categories the DOT tracks and it is clear that they track (or tracked) consumer complaints against airlines even if there is no enforcement.
As noted several times, simply filing a complaint with the DOT which the DOT then forwards to an airline, sometimes does get resolution for a customer even if the DOT could do no more.
Is it possible...
You and I are talking about two different functions.
Look at the complaint categories the DOT tracks and it is clear that they track (or tracked) consumer complaints against airlines even if there is no enforcement.
As noted several times, simply filing a complaint with the DOT which the DOT then forwards to an airline, sometimes does get resolution for a customer even if the DOT could do no more.
Is it possible that the DOT has shifted their handling of consumer complaints to just failures which they can enforce and are now addressing issues at the macro level through actions by the Sec'y of the DOT instead of directly w/ consumers? That is very likely what is happening but until the DOT stops taking consumer complaints, it is worth the effort IF and ONLY IF all other steps directly with the airline have been exhausted.
I agree with what you say regarding the action the DOT takes. They forward the complaint it to the airline. But if a passenger has already failed to resolve whatever issue they have with the airline directly it's not clear that just receiving the same complaint from the DOT is going to be of any help because the airline knows there aren't any consequence. The exception is where the complaint regards an issue in which...
I agree with what you say regarding the action the DOT takes. They forward the complaint it to the airline. But if a passenger has already failed to resolve whatever issue they have with the airline directly it's not clear that just receiving the same complaint from the DOT is going to be of any help because the airline knows there aren't any consequence. The exception is where the complaint regards an issue in which the DOT is actively engaging in enforcement, like a failure to refund. For anything else the upside is of complaining to the DOT minimal to zero and downside is that having done so without the DOT taken any action is likely to be interpreted by a small claims court judge as proof that your complaint is without merit.
The best course of action and frankly the one that takes the least amount of energy and time is to file in small claim court. That forces the airline to a forum that will exercise their enforcement authority. Better still most jurisdictions require pre trial mediation where faced with the reality of having to send an employee to spend at least a day if not more to court airlines tend to quickly decide the time has come to agree upon a resolution satisfactory to both parties.
I am still not sure why DOT complaint numbers matter to the airlines, as there is no penalty for getting a certain number of complaints?
I once lodged a complaint to DOT against LH and it seems like DOT actually decides whether it should accept it and pass it to the airlines. About ten years ago when airlines didn't take discrimination cases very seriously, my father was once falsely arrested at the airport initiate...
I am still not sure why DOT complaint numbers matter to the airlines, as there is no penalty for getting a certain number of complaints?
I once lodged a complaint to DOT against LH and it seems like DOT actually decides whether it should accept it and pass it to the airlines. About ten years ago when airlines didn't take discrimination cases very seriously, my father was once falsely arrested at the airport initiate by LH. He was not happy about how LH agents treated him at the gate as if he was a criminal. He was a non-white person with a passport from a developing nation. He was arrested at the gate because someone who had a similar name to him had some DIU charges with arrest warrant. The police realized that it was a mistake after taking the finger prints and apologized and released him in the morning but the flight was gone. It was on UA ticket so they took him to UA agent but the next flight was fully booked in J so UA upgraded him to F as an apology. At the check in next day, the very same LH agent was not happy that my father was upgraded so she downgraded him to economy. This agent was outright hostile, my father said. When I complained to LH, they said it is their policy to downgrade in case J is full but I have seen many stories where people got upgraded to F, inclduing some blogger's parents without any LH status. LH simply said it was their policy but after falsely accusing someone and making him stay at a jail for overnight, would an airline downgrade the same passenger next day pro-actively when UA upgraded him?? DOT reluctantly took the case but still same response from LH and it didn't affect LH in any way
This is precisely the kind of situation that the DOT wants no part of. It's not their mandate.
Assuming the airlines failed in their obligation to the passenger, no clear thing, the appropriate venue would be to go to court. They are set up to view the evidence, hear both sides argument and render a decision.
But I'd encourage anyone with an issue to take the time to thoroughly and dispassionately consider whether whatever...
This is precisely the kind of situation that the DOT wants no part of. It's not their mandate.
Assuming the airlines failed in their obligation to the passenger, no clear thing, the appropriate venue would be to go to court. They are set up to view the evidence, hear both sides argument and render a decision.
But I'd encourage anyone with an issue to take the time to thoroughly and dispassionately consider whether whatever happened was a failure to perform on the part of the airline and only after careful consideration that results in a clear and compelling answer of yes to pursue either a complaint or legal action.
It's a waste of time to complain you were moved to a different seat if the airlines is permitted to move you.
I just commented on the original piece about the denial of boarding and I fully agree with the above! However, for that particular case, I do not believe contacting the USDOT is the answer. Rather, the answer is... [recycling the comment]
As...
I just commented on the original piece about the denial of boarding and I fully agree with the above! However, for that particular case, I do not believe contacting the USDOT is the answer. Rather, the answer is... [recycling the comment]
As a UA Million Miler and formerly a 1K for nearly two decades (got off the status "hamster wheel" as I could no longer justify the cost, $24K, for the 1K status), I think that I know what happened here.
Looking at the message that the UA flyer, "Terence", got from UA, I strongly suspect that they received an automated response. The usual giveaway about such responses is that they contain nothing specific about the complaint, like, "your IAH-LGA flight". Terence likely filled out a customer "satisfaction" or "feedback" survey/form about the IAH-LGA flight. They may even have emailed 1K or "corporate" support. In any of those cases, an AI quite likely "read" the complaint and then issued a generic response that simply acknowledged the problem and promised to do better in the future. The other kind of generic email, which would contain some kind of compensation (e.g., miles), is issued when the airline is well aware of a problem or "irregular operation" (IROP) with a specific flight. Though "Terence" had a problem with a prior flight, there was nothing wrong with the IAH-LGA flight for which they were denied boarding. Therefore, as far as UA (or the AI) was concerned, there was no reason to take seriously one of several thousand complaints like it that they get regularly.
Rather than taking their case to the USDOT, Terence needs to speak with or get the attention of a human being at UA (e.g., at 1K desk) or send a letter by snail mail directly to UA corporate. The case is so solid that Terence would get a speedy resolution if they get a human being at UA to hear it. Someone suggested contacting Christopher Elliot. That is a great idea because the case is such a slam dunk that publicizing it, e.g., in the Washington Post for which Elliott often writes, would immediately get UA's attention and get them to do the right thing.
This is excellent advice for two reasons. First as the poster suggests it's likely to result in a resolution. But if not being able to show a small claims court judge that you tried to resolve the matter and all you got is a response that didn't address the issue and when you tried again the airline was unresponsive will help to cement a winning case.
In Oregon it can get you an additional $2,500...
This is excellent advice for two reasons. First as the poster suggests it's likely to result in a resolution. But if not being able to show a small claims court judge that you tried to resolve the matter and all you got is a response that didn't address the issue and when you tried again the airline was unresponsive will help to cement a winning case.
In Oregon it can get you an additional $2,500 in addition to your damages which makes one feel better about the time it would take to prepare and present your case in court.