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Air Consumer

Southwest Airlines Co. 2010-4-14

This consent order concerns violations by Southwest Airlines Co. (Southwest) of the Department’s oversales rule, 14 CFR Part 250, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. The violations stem from the carrier’s failure 1) to furnish the required written notice to passengers who were denied boarding (“bumped”) involuntarily, and 2) to provide involuntarily bumped passengers with the appropriate amount and type of denied boarding compensation (DBC) in a timely manner. The order directs Southwest to cease and desist from such further violations and assesses the carrier a civil penalty of $200,000.

Prestige Cruise Holdings, Inc. 2010-4-1

This consent order concerns advertisements by Prestige Cruise Holdings, Inc., through its subsidiaries, Oceania Cruises, Inc., ("Oceania Cruises") and Seven Seas Cruises S. de R.L. d / b / a Regent Seven Seas Cruises ("Regent Cruises") (collectively "Prestige Cruises") that violate the Department's advertising requirements specified in section 399.84 of the Department's regulations (14 CFR 399.84) and constitute unfair and deceptive trade practices and unfair methods of competition in violation of 49 U.S.C. § 41712. This order directs Prestige Cruises to cease and desist from future violations and assesses the company compromise civil penalties of $75,000.

US Airways, Inc. 2010-3-5

This consent order concerns Internet advertisements by US Airways Inc., (US Airways) that violate the full fare advertisement requirements specified in 14 CFR Part 399 as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. This order directs US Airways to cease and desist from future violations of Part 399 and Section 41712, and assesses the carrier a compromise civil penalty of $40,000.

Luxury Air Jets, Inc. 2010-2-17

This consent order concerns violations by Luxury Air Jets, Inc., (LAJ) of 49 U.S.C. § 41101, the Department’s aviation licensing requirements, and 49 U.S.C. § 41712, which prohibits ticket agents and air carriers from engaging in unfair and deceptive trade practices and unfair methods of competition. This order also concerns LAJ’s separate and distinct violation of 14 CFR 399.80, which prohibits certain practices by ticket agents that constitute unfair and deceptive practices and unfair methods of competition. This order directs LAJ to cease and desist from such further violations and assesses LAJ a compromise civil penalty of $40,000.

Southern Sky Air & Tours, LLC d/b/a Myrtle Beach Direct Air & Tours 2010-2-16

This consent order concerns fare displays by Southern Sky Air & Tours, LLC d/b/a Myrtle Beach Direct Air & Tours, (Direct Air) a U.S. Public Charter operator, on its website and in other print and Internet advertisements that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84, and therefore constituted an unfair and deceptive practice and unfair method of competition in violation of 14 CFR 380.27 and 49 U.S.C. § 41712. The carrier separately violated 14 CFR 380.27 and 49 U.S.C. § 41712 by failing to provide consumers adequate notice of its policy to charge fees in addition to its advertised fare for checked baggage. This order assesses Direct Air a compromise civil penalty of $35,000 and directs the carrier to cease and desist from further similar violations.

United Air Lines, Inc. 2010-1-13

This consent order concerns violations by United Air Lines, Inc., (UAL) of the full fare advertisement requirements specified in 14 CFR Part 399 and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. Further, UAL is subject to Order 2009-8-17,1 in which it agreed to cease and desist from violations of Part 399. The instant order directs UAL to cease and desist from future violations of Part 399, section 41712, and Order 2009-8-17, and assesses the carrier a compromise civil penalty of $30,000.

TAM Linhas Aereas, S.A. 2010-1-8

This order concerns violations by TAM Linhas Aereas, S.A., (TAM) of the requirements of 14 CFR Part 382 (Part 382), with respect to filing annual reports detailing disability-related complaints that the foreign air carrier received from passengers in calendar years 2004, 2007, and 2008. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. This order directs TAM to cease and desist from future violations of this statute and regulatory provision, and assesses the carrier a compromise civil penalty of $5,000.

US Airways, Inc. 2008-12-13

This Consent Order concerns violations by US Airways, Inc., (US Airways) of the Department's oversales rule, 14 CFR Part 250, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. 5 41712. The violations stem from the carrier's failure 1) to solicit volunteers before involuntarily denying boarding to passengers on oversold flights, 2) to furnish the required written notice to passengers who were denied boarding ("bumped") involuntarily, and 3) to provide in a timely manner bumped passengers with the appropriate amount and type of denied boarding compensation (DBC). The order assesses US Airways a civil penalty of $140,000

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