in this commentary
- United raised first checked bag fees to $50, followed by American, Delta and Southwest raising fees $10. Airlines blame war costs but oil isn’t near 2008 levels when fees started.
- Baggage fees brought in $7 billion in 2024. JetBlue pioneered surge pricing for luggage based on demand. Southwest ended its bags fly free policy in 2025 under investor pressure.
- Fifth Circuit vacated DOT rule requiring upfront fee disclosure in February. The FAIR Fees Act would require fees be reasonable and proportional to actual service costs but hasn’t passed.
There’s a new milestone in American air travel: checking your suitcase may now cost more than your seat.
Earlier this month, United Airlines raised its fees for the first checked bag at the airport to an eye-popping $50. American Airlines, Delta Air Lines and Southwest Airlines followed last week, upping their luggage fees by $10. The airlines blamed higher expenses related to the war for the increases.
That’s nonsense. Oil prices are nowhere near where they were when airlines invented these irritating fees. When they slapped a $15 surcharge on checked luggage 18 years ago, crude oil was trading around $120 a barrel and climbing. Today, even though fuel prices are lower, airlines charge $50 for the same service.
I’ve spent years documenting what happens to travelers when the rules bend in favor of the airline industry. Here’s what I’ve learned: Bag fees never go down. Elliott’s Rule of Luggage says fees rise when oil goes up, and they rise when oil goes down. They rise when courts rule against regulators and they rise when Congress does nothing.
The only direction is up.

How we got here
This started with American Airlines back in 2008, when it imposed a $15 fee on checked bags, claiming higher fuel costs forced its hand.
That was a half-truth, at best. Airlines hedge their fuel, a practice where they use financial contracts like oil futures to lock in a specific price for jet fuel in the future, serving as an insurance policy against price volatility. So it would have been more accurate to say that fuel costs would be higher at some point.
Still, sensing a revenue opportunity, every other legacy airline followed American’s lead. And just like that, something that used to be included in the price of a ticket became a separate transaction.
Oh, and a profitable one. Baggage fees brought in an extra $7 billion in revenue in 2024, the last year for which numbers are available.
For years, Southwest Airlines resisted this trend. Its “Bags Fly Free” policy was a genuine differentiator — and a genuine rebuke to its competitors.
Then, in 2025, under pressure from Elliott Investment Management (no relation), it ended the policy for base fares, and the last holdout folded.
The airline industry is pretty monopoly-adjacent these days — limited choices from your city unless you live in one of the very major city markets and are traveling to a major city market. They should be regulated like public utilities and have to justify cost increases — for starters on baggage.
And don’t get me started on that ridiculous 5th Circuit — which covers Texas, Louisiana, and Mississippi which doesn’t at all represent mainstream U.S. population thinking or values. It has become the “go to” federal jurisdiction for extremist forum shoppers. With unmoored legal theories, unprecedented procedural maneuvers, and unchecked politicization, the 5th Circuit is where federal judges with lifetime appointments to the bench are not held accountable for implementing their own policy preferences, thus stripping power away from elected officials and American voters and in this case, the traveling American public at-large. Another big win for the corporatists. They win; We pay.
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While no one was looking, JetBlue pioneered something even more creative: surge pricing for luggage. Its fees fluctuate based on demand — higher during summers and holidays, when you’re least able to avoid flying.
There’s so much innovation going on!

The court ruling that changed everything
In April 2024, the Biden administration’s Department of Transportation issued a rule requiring airlines to disclose all fees — baggage, change, cancellation — upfront, before purchase. It helped passengers figure out the true cost of flying before they clicked the “book” button. That made sense to passengers, but not to airlines, who saw their revenue stream threatened.
In February, the Fifth Circuit Court of Appeals vacated the rule in Airlines for America v. DOT, finding that the agency had overstepped its authority. The court said it couldn’t mandate blanket fee disclosures.
Within weeks, United raised its bag fee by $10.
Here’s the part that should make every traveler furious: The DOT rule didn’t ban fees. It didn’t even cap them. It just said: Tell people what they’re paying before they buy. Apparently, that’s too much to ask.
A bill that could fix this
There’s a legislative solution. Sen. Edward Markey and Rep. Steve Cohen have co-sponsored the FAIR Fees Act — the Forbidding Airlines from Imposing Ridiculous Fees Act — which would require that ancillary fees be “reasonable and proportional” to the actual cost of providing the service.
It’s a sensible bill. It’s also been introduced before but was never cleared for takeoff. The airline lobby is well-funded, and Congress has no appetite for airline consumer protection.
But here’s the data-driven case for why the FAIR Fees Act matters: If bag fees were actually tied to operating costs, luggage fees would not be rising now. These surcharges have become almost entirely untethered from the cost of moving your bag.
There’s no law that says a baggage fee can’t be $75, or $100, or whatever the market will bear the day you forget to pack light. There’s no law that says checking your suitcase can’t cost more than your airline ticket.
What you can do right now
So how do we end this madness?
First, with midterm elections on the horizon, this is a great time to let your elected representative know that the FAIR Fees Act is a good idea. In an election year, they just might listen to you.
Also, stop assuming bag fees are fixed — JetBlue’s dynamic pricing means it pays to book early and check the fee at the time of purchase. Third, pack light or carry one of those credit cards that offers a “free” first checked bag, although I strongly prefer the former option. Those co-branded cards often come with hefty annual fees and can also be habit-forming, creating an unhealthy addiction to an airline’s loyalty program.
But don’t get comfortable. Elliott’s Rule says the only direction for checked bag fees is up.
Your voice matters
Checking a suitcase now costs $50 at major airlines. Baggage fees brought in $7 billion in 2024 and are untethered from actual costs. A court vacated the DOT rule requiring upfront fee disclosure. The FAIR Fees Act would require fees be proportional to costs.
- Should baggage fees be legally required to be proportional to the actual cost of handling luggage?
- Should airlines face penalties when baggage fees exceed the price of the airline ticket itself?
- Should Congress pass the FAIR Fees Act requiring airlines to prove their ancillary fees are reasonable?
What you’re saying
Readers debated whether fuel costs justify fee increases, shared strategies to avoid checking bags entirely, and argued airlines should be regulated like utilities.
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Carry-on only is the new normal
GradUT travels for weeks with only carry-on and personal bag. Wuerzburg hasn’t checked a bag since 1983. KanExplore flies carry-on only 85% of the time even when their credit card covers fees.
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Airlines became credit card companies
Dangerous Ideas said airlines create artificial problems like exorbitant fees just to sell high-interest branded cards. Wuerzburg noted Delta’s $350 annual fee means you’re prepaying for six or seven bags.
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Regulate airlines like utilities
Sheryl said airlines are monopoly-adjacent with limited city choices and should justify cost increases like public utilities. Blues Traveler argued mandatory fees should be included in initial quotes.



