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Air Consumer

Enforcement Order September 8, 2009

This consent order concerns violations by Spirit Airlines, Inc., (Spirit) of the Department’s oversales rule, 14 CFR Part 250; accounting and reporting requirements, 14 CFR Part 241; record retention requirements, 14 CFR 249.20 and 14 CFR 382.70; consumer information requirements, 14 CFR 382.45(d) and 14 CFR 250.9; full-fare advertising rule, 14 CFR 399.84; Article 17 of the Montreal Convention; and domestic baggage liability rule, 14 CFR Part 254.

Costa Cruise Lines N.V. 2009-9-3

This consent order concerns advertisements by Costa Cruise Lines N.V.1, (“Costa Cruise Lines”) 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 Costa Cruise Lines to cease and desist from future violations and assesses the company compromise civil penalties of $ 35,000.

Hawaiian Airlines, Inc. 2009-8-4

This consent order concerns violations by Hawaiian Airlines, Inc., of the Department’s code-share disclosure rule, 14 CFR Part 257, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712.

It directs Hawaiian Airlines to cease and desist from future violations of Part 257 and section 41712, and assesses the carrier $50,000 in civil penalties.

Continental Airlines, Inc. 2009-8-3

This consent order concerns Internet advertisements by Continental Airlines, Inc., (Continental) that violate the full fare advertisement requirements specified in 14 CFR Part 399 and 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. This order directs Continental to cease and desist from future violations, and assesses the carrier a compromise civil penalty of $75,000.

US Airways, Inc. 2009-8-2

This consent order concerns violations by US Airways, Inc., of the Department’s code-share disclosure rule, 14 CFR Part 257, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. The order directs US Airways to cease and desist from future violations of Part 257 and section 41712 and assesses the carrier $70,000 in civil penalties.

Paragon Air, Inc. 2009-7-17

This consent order concerns the failure of Paragon Air, Inc., ("Paragon") to comply with (1) the requirement, implemented by 14 CFR Part 374, to make prompt credit card refunds as required by the Consumer Credit Protection Act and Regulation Z of the Board of Governors of the Federal Reserve System, 15 U.S.C. §§ 1601-1693r and 12 CFR Part 226 and (2) Department enforcement case precedent that requires that cash refunds be made within 20 days of receipt of full documentation of such a request.

Delta Air Lines, Inc. 2009-7-7

This Consent Order concerns violations by Delta Air Lines, Inc., (Delta) 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 solicit volunteers before involuntarily denying boarding to passengers on oversold flights, 2) to furnish the required written notice to passengers who were denied boarding involuntarily (“bumped”), and 3) to provide bumped passengers with the appropriate amount and type of denied boarding compensation (DBC) in a timely manner. The order directs Delta to cease and desist from such further violations and assesses the carrier a civil penalty of $375,000.

United Air Lines, Inc. 2009-7-6

This consent order concerns violations by United Air Lines, Inc., (United) of the Department’s code-share disclosure rule, 14 CFR Part 257, and the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712. The order directs United to cease and desist from future violations of Part 257 and section 41712 and assesses the carrier $80,000 in civil penalties.

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