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Air Consumer

Complaint of Tim Maddox Xiomara Osorio 2008-12-5

On June 28, 2007, Tim Maddox and Xiomara Osorio (collectively referred to as “Complainants”) filed a complaint under 14 CFR Part 382, the rule implementing the Air Carrier Access Act (“ACAA”). The Complainants allege that the airlines located at the Los Angeles International Airport, Tom Bradley International Terminal (“LAX”) failed to provide safe and adequate wheelchair assistance to passengers with disabilities by allowing their employees to utilize improperly maintained equipment and by failing to provide adequate operational training for workers employed by Aero Port Services (“APS”) as required by 14 CFR 382.61.

Mr. Mujhtabah Mohammed, individually, and Constellation Travel Services Inc. 2008-12-3

This consent order concerns violations of certain consumer protection provisions of the Department’s Public Charter regulations by Constellation Travel Services Inc., (Constellation) a Public Charter Operator and its President, Mr. Mujhtabah Mohammed. Constellation and Mr. Mohammed failed to properly maintain the company’s Public Charter escrow account and failed to make refunds to consumers within 14 days after the company’s Public Charter flights were canceled, in violation of 14 CFR Part 380. These activities also constituted unfair and deceptive practices in violation of 49 U.S.C. § 41712. This order directs Constellation and Mr. Mohammed, personally, to cease and desist from future violations and assesses Constellation and Mr. Mohammed, jointly and severally, a compromise civil penalty of $50,000.

Frontier Airlines, Inc. 2008-11-1

This Consent Order concerns violations by Frontier Airlines, Inc., (Frontier) of the Department’s oversales rule, 14 CFR Part 250, and 49 U.S.C. § 41712, which prohibits unfair and deceptive practices, stemming from the carrier’s failure to provide cash compensation to passengers who are involuntarily denied boarding. The order assesses Frontier a civil penalty of $40,000.

Primaris Airlines, Inc. 2008-9-31

This order concerns violations by Primaris Airlines, Inc. (Primaris) of the requirements of 14 CFR Part 382 (Part 382), with respect to the filing of annual reports detailing disability-related complaints that Primaris received from passengers in calendar years 2005 and 2007. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.c. § 41705, and violations of Part 382 also violate the ACAA. This order directs Primaris to cease and desist from future similar violations of Part 382 and the ACAA and assesses the carrier $80,000 in civil penalties.

Allegiant Air, LLC 2008-9-18

This consent order concerns fare displays by Allegiant Air, LLC (Allegiant) on its website (www.allegiantair.com) that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84, and the related statute, 49 U.S.C. § 41712(a). The carrier assessed a “convenience fee” on all ticket purchases except those made at one of the carrier’s airport ticket offices. Under section 399.84, this fee should have been included in initial fare quotes on Allegiant’s website. This order assesses a compromise civil penalty of $50,000 and directs the carrier to cease and desist from future similar violations.

Thai Airways International Public Company Ltd. 2008-9-15

This order concerns the unlawful assertion of sovereign immunity by Thai Airways International Public Company Ltd. ("Thai Airways"), a foreign air carrier holding permit and exemption authority to operate to and from the United States, conduct that violated the express terms of its operating authority, 49 U.S.C. $ 41301, and constituted an unfair and deceptive practice in violation of 49 U.S.C. 3 41712. By engaging in air commerce within the United States after it violated the terms of its authority, Thai Airways also engaged in unlawful foreign air transportation in violation of 49 U.S.C. $ 41703. This consent order directs Thai Airways to cease and desist from future violations and assesses the carrier a compromise civil penalty of $15,000.

Flight Centre USA, Inc. 2008-7-5

This consent order concerns fare displays by Flight Centre USA, Inc. ("Flight Centre") on its website (www.flightcentre.us) and in newspaper advertisements the company published in the Los Angeles Times and the Chicago Sun Times that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84. Flight Centre's website and newspaper advertisements did not properly disclose government fees and taxes applicable to its advertised fares, and did not include fuel surcharges applicable to fares in certain markets in the advertised fare. These advertising practices, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. $ 41712. This order directs the company to cease and desist from future similar violations and assesses a compromise civil penalty of $40,000.

AirTran Airways, Inc. 2008-5-38

This consent order concerns fare displays by AirTran Airways on its website (www.airtran.com) that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84. The carrier’s website failed to include fuel surcharges applicable to advertised fares in certain markets. These advertising practices, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Based on these violations, this order assesses a compromise civil penalty of $45,000 and directs the carrier to cease and desist from future similar violations.

Virgin America, Inc. 2008-4-32

This consent order concerns Virgin America, Inc.’s (Virgin America) advertisement and sale of proposed new air service prior to the carrier obtaining effective economic authority from the U.S. Department of Transportation (Department) in violation of 14 CFR 201.5, which also violated 49 U.S.C. § 41712, the statutory prohibition on unfair and deceptive practices and unfair methods of competition. The order assesses a compromise civil penalty of $25,000 and directs the carrier to cease and desist from further violations.

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