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Enforcement Order

Alitalia Compagnia Aerea Italiana Spa 2012-1-15

This consent order involves violations by Alitalia Compagnia Aerea Italiana SpA (Alitalia) of Article 19 of the Montreal Convention (Convention) and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from delay of checked baggage on Alitalia flights to or from the United States. It directs Alitalia to cease and desist from future similar violations of Article 19 and section 41712, and assesses the carrier a compromise civil penalty of $80,000.

Asiana Airlines - January 14, 2012

This consent order concerns an Internet advertisement by Asiana Airlines (Asiana) that violates the full-fare advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Asiana to cease and desist from future violations of section 399.84 and section 41712 and assesses the carrier a compromise civil penalty of $70,000.

Polskie Linie Lotnicze LOT S.A. 2012-1-13

This consent order concerns Internet advertisements by Polskie Linie Lotnicze LOT S.A., (LOT) that violate the advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices and unfair methods of competition. It directs LOT to cease and desist from future violations of section 399.84 and section 41712 and assesses the carrier a compromise civil penalty of $60,000.

AirTran Airways, Inc. 2012-1-1

This consent order concerns Internet advertisements by AirTran Airways, Inc., (AirTran) that violate the advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs AirTran to cease and desist from future violations of 399.84 and section 41712, and assesses the carrier a compromise civil penalty of $60,000.

SkyWest Airlines, Inc. 2011-11-25

This consent order concerns violations by SkyWest Airlines, Inc., (SkyWest) of the statutory prohibition against unfair and deceptive practices, 49 U.S.C. § 41712, for creating and distributing advertisements that failed to properly provide notice that SkyWest would be the operator of the advertised air service. By this order, the Department finds that SkyWest facilitated the publication of these noncompliant advertisements, directs SkyWest to cease and desist from future similar violations and assesses SkyWest $40,000 in civil penalties.

Spirit Airlines, Inc. 2011-11-23

This consent order concerns print and Twitter advertisements by Spirit Airlines, Inc., (Spirit) that violated the advertising requirements specified in 14 CFR 399.84, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. This order directs Spirit to cease and desist from future violations of section 399.84 and section 41712, and assesses the carrier a compromise civil penalty of $50,000.

American Eagle Airlines, Inc. 2011-11-13

This consent order concerns violations of 14 CFR Part 259 and 49 U.S.C. § 41712 involving the failure by American Eagle Airlines, Inc. (American Eagle) to adhere to the assurances in its contingency plan for lengthy tarmac delays that the carrier would not permit a domestic flight to remain on the tarmac for more than three hours without providing passengers an opportunity to deplane. This order directs American Eagle to cease and desist from future similar violations of Part 259 and section 41712 and assesses the carrier $900,000 in civil penalties.

United Air Lines, Inc. 2011-11-2

This order concerns violations by United Air Lines, Inc. (“United”) of the Federal statutes prohibiting U.S. and foreign air carriers from subjecting any air traveler to discrimination on the basis of race, color, national origin, religion, sex or ancestry. The order directs United to cease and desist from future violations and assesses the carrier $60,000 in civil penalties.

Caribbean Airlines Limited 2011-10-28

This consent order involves violations by Caribbean Airlines Limited (CAL) of Articles 17 and 19 of the Montreal Convention1 (Convention) and the statutory prohibition against unfair and deceptive trade practices, 49 U.S.C. § 41712, in connection with monetary claims resulting from damage, loss, or delay to baggage checked on CAL’s flights to or from the United States. It directs CAL to cease and desist from future violations of Articles 17 and 19 and section 41712, and assesses the carrier a compromise civil penalty of $60,000.

Viajes Galiana, Inc 2011-10-19

This consent order concerns violations of certain consumer protection provisions of the Department of Transportation’s (Department) Public Charter regulations during 2011 by Viajes Galiana, Inc., (VGI) a Public Charter operator, stemming from its failure to ensure that its authorized agents complied with the provisions of 14 CFR 380.30 when advertising Public Charter flights on VGI’s behalf.

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