II 118th CONGRESS 2d Session S. 5272 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. Short title This Act may be cited as the Protect Your Points Act of 2024 . 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: 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. .