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Air Consumer

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

Mesaba Airlines 2009-11-16

This consent order constitutes a compromise settlement of alleged violations by Mesaba Airlines (Mesaba) of the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. The order directs Mesaba to cease and desist from future similar violations of section 41712 and assesses the carrier $75,000 in civil penalties.

Continental Airlines, Inc. 2009-11-17

This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) of the August 8, 2009, tarmac delay incident at Rochester International Airport involving Continental Express flight 2816, operated by ExpressJet Airlines, Inc. (ExpressJet) in air transportation provided to the public by Continental Airlines, Inc. (Continental). The ExpressJet operated flight was diverted to Rochester because weather precluded landing at the destination airport-Minneapolis/St. Paul International Airport. The investigation revealed Continental's procedures pertaining to lengthy ground delays were not followed on that flight in violation of 49 U.S.c. § 41712. Continental is an air carrier as defined by 49 U.S.c. § 40102(a)(2), 1 which subjects it to the prohibitions against unfair and deceptive practices in air transportation contained in 49 U.S.c. § 41712. The order directs Continental to cease and desist from future similar violations of section 41712 and assesses the carrier $50,000
in civil penalties.

ExpressJet Airlines, Inc. 2009-11-18

This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) of the August 8, 2009, tarmac delay incident at Rochester International Airport (RST) involving Continental Airlines, Inc. (Continental) and its Continental Express flight 2816, operated by ExpressJet Airlines, Inc. (ExpressJet). The ExpressJet operated flight was diverted to Rochester because weather precluded landing at the destination airportMinneapolis/St. Paul International Airport. The investigation revealed the failure of ExpressJet to follow its and Continental's procedures pertaining to lengthy ground delays in violation of 49 U.S.c. § 41712 which prohibits air carriers from engaging in unfair and deceptive practices in air transportation. ExpressJet is an air carrier as defined by 49 U.S.c. § 40102(a)(2), I which subjects it to the prohibitions against unfair and deceptive practices in air transportation contained in 49 U.S.C. § 41712. The order directs ExpressJet to cease and desist from future similar violations of section 41712 and assesses the carrier $50,000 in civil penalties.

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