II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Your Points 

5 Act of 2024’’. 


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1 SEC. 2. PROTECTIONS RELATING TO FREQUENT FLYER 

2 PROGRAMS AND CO-BRANDED CREDIT 

3 CARDS. 

4 (a) IN GENERAL.—Chapter 423 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘SEC. 42309. PROTECTIONS RELATING TO FREQUENT 

8 FLYER PROGRAMS AND CO-BRANDED CREDIT 

9 CARDS. 

10 ‘‘(a) PROTECTIONS RELATED TO POINTS, MILES, 

11 AND OTHER ACCRUED VALUE.— 

12 ‘‘(1) VALUE DISCLOSURE.—Not later than 90 

13 days after the date of enactment of this section, 

14 each covered air carrier shall— 

15 ‘‘(A) prominently display on each page of 

16 the website of the air carrier information re17 garding the financial value of one point, mile, 

18 or other accrued value promised or offered in 

19 connection with a frequent flyer program; and 

20 ‘‘(B) update, in real time, any change to 

21 such information. 

22 ‘‘(2) EXPIRATION OF POINTS.—A covered air 

23 carrier shall not place an expiration date on any 

24 points, miles, or other accrued value promised or of25 fered in connection with a frequent flyer program. 

26 ‘‘(3) TRANSFER OF POINTS.— 


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1 ‘‘(A) IN GENERAL.—A covered air carrier 

2 shall— 

3 ‘‘(i) allow a consumer participating in 

4 a frequent flyer program to transfer any 

5 amount of points, miles, or other accrued 

6 value of the consumer to another partici7 pant (chosen by the consumer) of the same 

8 frequent flyer program; and 

9 ‘‘(ii) guarantee that, with respect to 

10 any such transfer, the points, miles, or 

11 other accrued value remain equal in value 

12 once transferred. 

13 ‘‘(B) LIMITATIONS.—A covered air carrier 

14 shall not— 

15 ‘‘(i) limit the number of points, miles, 

16 or other accrued value that a consumer 

17 may transfer to another participant of the 

18 frequent flyer program; or 

19 ‘‘(ii) impose a fee or other penalty on 

20 the consumer in connection with such 

21 transfer. 

22 ‘‘(4) DISPLAY OF AIRFARE VALUE.—Not later 

23 than 1 year after the date of enactment of this sec24 tion, each covered air carrier shall display on any 

25 travel booking page of the website of the air carrier 


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1 the cost of airfare or other add-on services both in 

2 dollar value and in the value of points, miles, or 

3 other accrued value promised or offered in connec4 tion with a frequent flyer program, in a manner 

5 that— 

6 ‘‘(A) displays both values concurrently; and 

7 ‘‘(B) does not require a consumer to alter8 nate between such values to display both costs. 

9 ‘‘(5) AIRFARE AND ADD-ON SERVICES TRANS10 ACTIONS.—Not later than 1 year after the date of 

11 enactment of this section, each covered air carrier 

12 shall offer to consumers the ability to purchase air13 fare or other add-on services in any combination of 

14 dollars and points, miles, or other accrued value 

15 promised or offered in connection with a frequent 

16 flyer program. 

17 ‘‘(b) CONSUMER NOTICE OF CHANGES TO TERMS OF

18 SERVICE.— 

19 ‘‘(1) CHANGES TO TERMS OF SERVICES.—With 

20 respect to the terms of service, contract of carriage, 

21 or other customer agreement of any frequent flyer 

22 program or airline co-branded credit card of a cov23 ered air carrier, the covered air carrier shall not in24 clude any provision that reserves the right of the 

25 covered air carrier to make changes to the terms of 


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1 service, contract of carriage, or other customer 

2 agreement without providing to the consumer at 

3 least 1 year of notice of any such change. 

4 ‘‘(2) NOTICE TO CONSUMERS.—A covered air 

5 carrier shall not take any action that would allow 

6 the covered air carrier to devalue a consumer’s ac7 crued points, miles, or other accrued value promised 

8 or offered in connection with a frequent flyer pro9 gram, including any action to decrease the dollar 

10 value, eliminate, reduce, suspend, forfeit, invalidate, 

11 impose new limits on the access, use, redemption, or 

12 validity, or impose new requirements or expense for 

13 the redemption or use of any such points, miles, or 

14 other accrued value unless the covered air carrier 

15 has provided to consumers not fewer than 1 year of 

16 notice of any such action. 

17 ‘‘(3) COORDINATION WITH CFPB.—In carrying 

18 out paragraphs (1) and (2), the Secretary shall co19 ordinate with the Director of the Consumer Finan20 cial Protection Bureau, as necessary. 

21 ‘‘(c) DEFINITIONS.—In this section: 

22 ‘‘(1) ADD-ON SERVICES.—The term ‘add-on 

23 services’ means any service that a consumer may 

24 add to a flight booking for an additional cost, or 

25 may purchase as an in-flight service, including seatVerDate Sep 11 2014 18:21 Oct 11, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5272.IS S5272

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1 ing options, baggage, beverages, food, early board2 ing, lounge access, internet or wifi access, or any 

3 other service determined appropriate by the Sec4 retary. 

5 ‘‘(2) CO-BRANDED CREDIT CARD.—The term 

6 ‘co-branded credit card’ means a credit card jointly 

7 offered by a covered air carrier in partnership with 

8 a credit card issuer, with an emphasis on rewarding 

9 brand loyalty. 

10 ‘‘(3) COVERED AIR CARRIER.—The term ‘cov11 ered air carrier’ means an air carrier conducting 

12 passenger operations under part 121 of title 14, 

13 Code of Federal Regulations, that offers a frequent 

14 flyer program. 

15 ‘‘(4) FREQUENT FLYER PROGRAM.—The term 

16 ‘frequent flyer program’ means a program in which 

17 a covered air carrier promises or offers points, miles, 

18 or other accrued value for tickets purchased from 

19 the covered air carrier. 

20 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of Transportation.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 423 of title 49, United States Code, is amended by 

24 inserting after the item relating to section 42308 the fol25 lowing: 


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‘‘42309. Protections relating to frequent flyer programs and co-branded credit 

cards.’’. 

Æ 


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