[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5272 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5272
To amend chapter 423 of title 49, United States Code, to provide
protections with respect to frequent flyer programs and co-branded
credit cards, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Durbin introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend chapter 423 of title 49, United States Code, to provide
protections with respect to frequent flyer programs and co-branded
credit cards, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Your Points Act of 2024''.
SEC. 2. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS AND CO-BRANDED
CREDIT CARDS.
(a) In General.--Chapter 423 of title 49, United States Code, is
amended by adding at the end the following new section:
``SEC. 42309. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS AND CO-
BRANDED CREDIT CARDS.
``(a) Protections Related to Points, Miles, and Other Accrued
Value.--
``(1) Value disclosure.--Not later than 90 days after the
date of enactment of this section, each covered air carrier
shall--
``(A) prominently display on each page of the
website of the air carrier information regarding the
financial value of one point, mile, or other accrued
value promised or offered in connection with a frequent
flyer program; and
``(B) update, in real time, any change to such
information.
``(2) Expiration of points.--A covered air carrier shall
not place an expiration date on any points, miles, or other
accrued value promised or offered in connection with a frequent
flyer program.
``(3) Transfer of points.--
``(A) In general.--A covered air carrier shall--
``(i) allow a consumer participating in a
frequent flyer program to transfer any amount
of points, miles, or other accrued value of the
consumer to another participant (chosen by the
consumer) of the same frequent flyer program;
and
``(ii) guarantee that, with respect to any
such transfer, the points, miles, or other
accrued value remain equal in value once
transferred.
``(B) Limitations.--A covered air carrier shall
not--
``(i) limit the number of points, miles, or
other accrued value that a consumer may
transfer to another participant of the frequent
flyer program; or
``(ii) impose a fee or other penalty on the
consumer in connection with such transfer.
``(4) Display of airfare value.--Not later than 1 year
after the date of enactment of this section, each covered air
carrier shall display on any travel booking page of the website
of the air carrier the cost of airfare or other add-on services
both in dollar value and in the value of points, miles, or
other accrued value promised or offered in connection with a
frequent flyer program, in a manner that--
``(A) displays both values concurrently; and
``(B) does not require a consumer to alternate
between such values to display both costs.
``(5) Airfare and add-on services transactions.--Not later
than 1 year after the date of enactment of this section, each
covered air carrier shall offer to consumers the ability to
purchase airfare or other add-on services in any combination of
dollars and points, miles, or other accrued value promised or
offered in connection with a frequent flyer program.
``(b) Consumer Notice of Changes to Terms of Service.--
``(1) Changes to terms of services.--With respect to the
terms of service, contract of carriage, or other customer
agreement of any frequent flyer program or airline co-branded
credit card of a covered air carrier, the covered air carrier
shall not include any provision that reserves the right of the
covered air carrier to make changes to the terms of service,
contract of carriage, or other customer agreement without
providing to the consumer at least 1 year of notice of any such
change.
``(2) Notice to consumers.--A covered air carrier shall not
take any action that would allow the covered air carrier to
devalue a consumer's accrued points, miles, or other accrued
value promised or offered in connection with a frequent flyer
program, including any action to decrease the dollar value,
eliminate, reduce, suspend, forfeit, invalidate, impose new
limits on the access, use, redemption, or validity, or impose
new requirements or expense for the redemption or use of any
such points, miles, or other accrued value unless the covered
air carrier has provided to consumers not fewer than 1 year of
notice of any such action.
``(3) Coordination with cfpb.--In carrying out paragraphs
(1) and (2), the Secretary shall coordinate with the Director
of the Consumer Financial Protection Bureau, as necessary.
``(c) Definitions.--In this section:
``(1) Add-on services.--The term `add-on services' means
any service that a consumer may add to a flight booking for an
additional cost, or may purchase as an in-flight service,
including seating options, baggage, beverages, food, early
boarding, lounge access, internet or wifi access, or any other
service determined appropriate by the Secretary.
``(2) Co-branded credit card.--The term `co-branded credit
card' means a credit card jointly offered by a covered air
carrier in partnership with a credit card issuer, with an
emphasis on rewarding brand loyalty.
``(3) Covered air carrier.--The term `covered air carrier'
means an air carrier conducting passenger operations under part
121 of title 14, Code of Federal Regulations, that offers a
frequent flyer program.
``(4) Frequent flyer program.--The term `frequent flyer
program' means a program in which a covered air carrier
promises or offers points, miles, or other accrued value for
tickets purchased from the covered air carrier.
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(b) Clerical Amendment.--The analysis for chapter 423 of title 49,
United States Code, is amended by inserting after the item relating to
section 42308 the following:
``42309. Protections relating to frequent flyer programs and co-branded
credit cards.''.
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