Navigating Turbulent Skies: Class Action Waivers in the Airline Industry and the Quest for Passenger Justice

Authors

Macarena Alejandra Bazan Hidalgo, University of Miami School of Law

Document Type

Comment

Abstract

In the ever-evolving skies of the airline industry, airline passengers have continued to benefit from distinctive safeguards, even in the wake of deregulation. As its principal protector, the Department of Transportation has consistently demonstrated its commitment to treating airline customers as a distinct and significant group of consumers. However, these well-intentioned regulations often go unchecked, inadvertently paving the way for airline companies to exploit loopholes, leading to unjust practices. This, in turn, inflicts significant harm upon one of the most crucial consumer segments in the United States. A prime example of this issue is the collaborative effort by airline companies to insert class action waiver provisions into their contracts of carriage. These provisions effectively curtail the ability of passengers to hold airlines accountable for their transgressions. In the absence of a vital mechanism for instigating social change, airline customers are left to ponder whether seeking justice in the face of airline misconduct is a pursuit worth embarking upon.

Amidst the backdrop of existing jurisprudence, a prevailing trend emerges in which most courts adhere to a standardized review of these class action waivers, adamantly defending the airline industry’s existing tactics. In light of this, it is imperative to demand change and bring light to the true perils airline passengers face in the current legal environment. This Comment will discuss the development and importance of the airline industry, the unique protections continuously afforded to airline passengers, the perils posed by class action waivers, the necessity of preserving the class action mechanism for passengers, and the feasible solutions to these pressing issues.

Recommended Citation

Macarena Alejandra Bazan Hidalgo, Navigating Turbulent Skies: Class Action Waivers in the Airline Industry and the Quest for Passenger Justice, 33 U. MIA Bus. L. Rev. 317 (2025)
Available at: https://repository.law.miami.edu/umblr/vol33/iss2/7