What is the FAA and What are Your Rights. When Airlines Violate the Law?

If you've ever had a flight delay, cancellation, or other frustrating airline experience, you may have wondered: Do I have any legal rights as a passenger? The answer is yes—and many of those rights are protected by the Federal Aviation Administration (FAA) and long-standing common carrier laws.

What Is the FAA?

The Federal Aviation Administration (FAA) is the U.S. government agency responsible for regulating all aspects of civil aviation. That includes airline safety, air traffic control, and setting rules that commercial airlines must follow when transporting passengers.

But beyond safety, the FAA also works alongside the U.S. Department of Transportation (DOT) to enforce passenger protections—such as refund rights and policies around overbooking, tarmac delays, and accessible travel for people with disabilities.

Common Carrier Obligations

Airlines are considered common carriers—meaning they are legally required to transport people safely and fairly. Under this legal doctrine, airlines have a duty of care to passengers and must not discriminate, act negligently, or breach the basic terms of their contracts (like failing to deliver the service you paid for).

Claims You May Be Able to Make Against Airlines

Here are some situations where you might have a valid claim:

• Unlawful Flight Cancellations or Delays – If your flight was delayed or canceled and the airline failed to provide a refund or rebooking options, you may be entitled to compensation—especially if the issue was within the airline's control (e.g., staffing, maintenance).

  1. Denied Boarding (Overbooking) – If you were “bumped” from a flight due to overbooking and didn’t volunteer, federal law requires compensation depending on the length of delay.

  2. Failure to Issue Refunds – DOT regulations require airlines to issue refunds for canceled flights or if the airline significantly changes your itinerary and you choose not to fly.

  3. Tarmac Delays Over Legal Limits – The FAA limits how long an airline can keep you on the tarmac (3 hours for domestic, 4 hours for international) without giving you the option to deplane.

  4. Failure to Accommodate Passengers with Disabilities – The Air Carrier Access Act (enforced by DOT) mandates that airlines accommodate travelers with disabilities. Failure to do so may be a violation.

How to Start a Claim

One of the most effective first steps is sending a demand letter—a formal request that outlines the issue and asks the airline to resolve it before legal action is taken.

At Airclaim Legal Services, we help passengers like you take this crucial step—simply, affordably, and without the guesswork.

Know Your Rights. Speak Up. Fly Fair.

Don’t let airlines ignore your rights. If you think you’ve been wronged, we’re here to help.