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Enforcement Order

JetBlue Airways, Ltd. 2011-8-25

This consent order concerns Internet advertisements by JetBlue Airways, Ltd., (JetBlue) 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. It directs JetBlue to cease and desist from future violations of 399.84 and section 41712, and assesses the carrier a compromise civil penalty of $50,000.

Thai Airways International Public Company Limited 2011-8-21

This consent order concerns Internet advertisements by Thai Airways International Public Company Limited (Thai Airways) that violated the advertising requirements specified in 14 CFR Part 399, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Thai Airways to cease and desist from future violations of Part 399 and section 41712 and assesses the carrier a compromise civil penalty of $70,000.

The Craig Evan Corporation d/b/a Flightexec 2011-8-22

This order concerns unauthorized passenger air service between points in the United States by The Craig Evan Corporation doing business as Flightexec (Flightexec), a Canadian air carrier authorized by the Department to engage in foreign air transportation1 pursuant to an exemption2 from the permit requirement in 49 U.S.C. § 41301. The carriage of local traffic for compensation or hire by foreign air carriers between two points in the United States, a practice commonly referred to as cabotage, violates 49 U.S.C. § 41703, which prohibits cabotage except under very limited circumstances that do not apply here.3 In addition, a foreign air carrier that holds out to the public without authorization, either expressly or by course of conduct, that it provides cabotage service violates 49 U.S.C. § 41301. Violations of sections 41301 and 41703 also constitute an unfair and deceptive trade practice and unfair method of competition in violation of 49 U.S.C. §41712. This consent order directs Flightexec to cease and desist from such further violations and assesses the carrier a compromise civil penalty of $10,000.

Ethiopian Airlines Enterprise 2011-8-20

This consent order concerns Internet advertisements by Ethiopian Airlines Enterprise (Ethiopian Airlines) that violated the advertising requirements specified in 14 CFR Part 399, as well as 49 U.S.C. § 41712, which prohibits unfair and deceptive practices. It directs Ethiopian Airlines to cease and desist from future violations of Part 399 and section 41712, and assesses the carrier a compromise civil penalty of $50,000.

Air Charters, Inc., d/b/a Air Flamenco 2011-8-16

This consent order concerns unauthorized scheduled passenger service as a commuter air carrier by Air Charters, Inc., d/b/a Air Flamenco (Air Flamenco) in violation of 49 U.S.C. §§ 41101, 41712, and 41738 and 14 CFR Part 298, the Department’s commuter air carrier requirements. It directs Air Flamenco to cease and desist from further violations of these statutory provisions and federal regulation and assesses the carrier a compromise civil penalty of $30,000.

Swift Air, LLC 2011-8-14

This consent order concerns violations of certain consumer protection provisions of the Department of Transportation’s (Department) Public Charter regulations, 14 CFR 380.43, by Swift Air, LLC, (Swift Air) a direct air carrier, stemming from its voluntary cancellation of a public charter flight less than 10 days before the scheduled departure date without demonstrating circumstances that rendered it physically impossible for Swift Air to conduct the operation.

United Air Lines, Inc. 2011-8-7

This consent order concerns inaccurate information provided by United Air Lines, Inc., (United) to consumers regarding its liability limit for lost, damaged, or delayed baggage on flights covered by the Montreal Convention (Convention) in violation of 49 U.S.C. § 41712. The order directs United to cease and desist from future similar violations of section 41712, and assesses the carrier a compromise civil penalty of $20,000.

Air Canada 2011-8-8

This consent order concerns Internet advertisements by Air Canada 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 Air Canada 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.

Atlantic Southeast Airlines 2011-7-4

This consent order concerns violations by Atlantic Southeast Airlines (Atlantic Southeast) of the requirements of 14 CFR Part 382 (Part 382) with respect to providing wheelchair assistance to passengers with a disability. Part 382 implements the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705, and violations of that part also violate the ACAA. To the extent that the ACAA and Part 382 violations occurred in interstate air transportation, the incidents are also violations of 49 U.S.C. § 41702, which requires that air carriers provide safe and adequate interstate air transportation. To the extent the violations occurred in foreign air transportation, the incidents violate 49 U.S.C. § 41310, which, in part, prohibits air carriers and foreign air carriers from unreasonably discriminating against any person in foreign air transportation. Violations of Part 382 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712.

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