a group of people sitting in an airplane
Photograph ©2024 by Brian Cohen.

Ban on “Junk Fees” For Family Seating Charged by Airlines Proposed by Department of Transportation

...but will this rule actually become officially effective? And is it necessary?

A ban on “junk fees” for family seating charged by airlines was proposed by the Department of Transportation of the United States earlier today, Thursday, August 1, 2024 — meaning that airlines would be required to seat parents next to their young children aboard an airplane at no extra charge when seats that are adjacent are available at the time of booking the ticket.

Ban on “Junk Fees” For Family Seating Charged by Airlines Proposed by Department of Transportation

Children on stage in elementary school
Photograph ©2010 by Brian Cohen.

If this rule becomes officially effective, a family of four people could save as much as $200.00 per round trip ticket if the fees for assigning seats are $25.00.

“For many families, being seated next to their children is not optional, especially when they are too young to feed themselves, fasten their own seatbelt, go to the bathroom, and, in some cases, communicate”, according to this official press release from the Department of Transportation. “But despite adjacent seating being essential for young families, many airlines continue to force parents to choose between paying to lock in assigned seats or risk being seated apart. These fees add up and effectively raise the final cost of air transportation for many families traveling with young children.”

The notice of proposed rulemaking from the Department of Transportation specifically proposes to:

  • Ban family seating junk fees: The proposed rule would ban airlines from charging junk fees to assign seats for a young child — age 13 or younger — next to their parent or accompanying adult.
  • Require adjacent family seating when available: The proposal would require airlines to seat parents next to their young children for free within 48 hours of booking tickets when adjacent seats are available.
    • The proposal defines adjacent family seating as seats next to each other in the same row and not separated by an aisle.
    • Airlines would be required to ensue that adjacent family seats are available in every class of service and prohibited from defining class in a way that limits availability of family seating — such as structuring basic economy to consist of only middle seats.
    • In situations where it is impossible to provide adjacent seating for multiple young children, airlines would be required to seat them across the aisle from, directly in front of, or directly behind the parent or accompanying adult.
  • Mandate refunds, free rebooking, and other options when adjacent family seating is not available: If adjacent family seats are not available at booking, airlines would be required to provide passengers the choice between receiving a full refund or waiting for family seating to become available later. If a passenger chooses to wait and adjacent seats do not free up before other passengers begin boarding, an airline must give families the option to rebook for free on the next flight with available family seating or stay on the flight in seats that are not adjacent.
  • Require upfront disclosure of right to fee-free family seating: Under the proposed rule, airlines would be required to disclose clearly and conspicuously that passengers have the right to fee-free family seating. This includes disclosing on their public-facing online platforms and when a customer calls the airline’s reservation center to inquire about a fare or to book a ticket. The disclosure is also required to specify any airline requirements for check-in and boarding that may impact the ability to secure adjacent seats.
  • Impose a penalty for each family seating junk fee: Under the proposed rule, each family seating junk fee imposed by an airline and each young child that is not seated next to their parent or accompanying adult as required would be considered a separate violation. Airlines that fail to comply with the fee-free family seating requirements would be subject to civil penalties for each violation.
a man sitting in a chair
Photograph ©2024 by Brian Cohen.

“Parents who decide not to pay family seating junk fees are stuck figuring out how to sit next to their children in the midst of the hectic boarding process”, according to the aforementioned press release. “This can lead to problems for the other passengers on the flight. Once boarded, airlines may ask these passengers to ‘voluntarily’ forfeit their seats, which they may have paid for in advance, and move to a less desirable seat so that a parent and child can sit together. If passengers choose not to swap seats, they may be seated next to an unsupervised child, causing stress for the child, parent, and surrounding travelers.”

Joseph Biden called on Congress in his State of the Union address in 2023 to ban “junk fees” on seating families together aboard airplanes. The current president of the United States signed an Executive Order on Promoting Competition on Friday, July 9, 2021 that encouraged the Department of Transportation to take steps to promote fairer, more transparent, and competitive markets as part of the plan to lower costs for consumers and take on “corporate rip-offs”.

The Airline Family Seating Dashboard — which was introduced by the Department of Transportation of the United States on Sunday, March 5, 2023 — is designed to assist consumers in selecting an airline which has committed to guaranteeing that an adult passenger who is accompanied by a child who is 13 years of age or younger will sit together in adjacent seats aboard an airplane throughout the entire duration of the flight at no additional cost for all types of fares.

At the time this article was written, the only airlines which guarantee adjacent seats at no additional cost for all fare types for an adult passenger who is accompanied by a child who is 13 years of age or younger — subject to limited conditions — are:

  • Alaska Airlines
  • American Airlines
  • Frontier Airlines
  • JetBlue Airways

The customer service plans of ten domestic airlines within the United States can be accessed by the following links:

The proposed rule by the Department of Transportation clarifies that family seating is considered a basic service — which is essential for adequate air transportation — that must be included in the ticket fare. The proposal also invites comment on what — if any — other services should also be considered basic and essential; and therefore included as part of the fare.

Final Boarding Call

a group of people in an airplane
Photograph ©2024 by Brian Cohen.

Parents should be allowed to sit with their children aboard airplanes for no extra charge — if only to ensure the safety and comfort of their children for peace of mind…

…but I do not believe that this proposal will become an official requirement for airlines to follow anytime soon. Rather — as a good will gesture that shows that airlines care for their customers — airlines should voluntarily do everything they can to ensure that passengers are seated together with their children. Some airlines actually unofficially do just that, according to my personal experience.

In fact, over the years of which I have flown with companions aboard airplanes, I have been seated together with them most of the time — even when I am aboard an airplane that is operated by an ultra-low-cost carrier or when I pay for a basic economy fare, which I do not do all that often. The few times when I was not seated with companions were typically for short flights, which really do not matter all that much.

My personal experience may be unusual; but I do not believe that this rule is necessary. While it may help in some situations, to me, this rule is more about the federal government of the United States trying to convey the image that it is fighting for the consumer rather than actually solving a pressing issue.

All photographs ©2010 to ©2024 by Brian Cohen.

Subscribe To Our Newsletter

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!