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OST-00-7010

Loise Caplan vs. American Airlines, Inc.

By:  Loiuse Caplan, 858.483.4446

By:  Loiuse Caplan, 858.483.4446

Caplan, Louise vs. American Airlines, Inc.

Counsel:  American, Karen Sprole, 817.967.2784

Caplan, Louise vs. American Airlines, Inc.

Counsel:  American, Carl Nelson, 202.496.5647, carl_nelson@amrcorp.com

Louise Caplan vs. American Airlines, Inc.

In order to avoid litigation, and without admitting or denying the alleged violations, American has agreed to settle these matters with the Enforcement Office and enter into this consent order to cease and desist from future similar violations of Part 382 and the ACAA. By this order, the Department finds that American has, on numerous occasions, failed to provide adequate wheelchair assistance to passengers with disabilities in violation of the ACAA and 14 CFR 382.39. The Department also finds that in some instances the carrier has failed to comply with the dispositive response requirements of 14 CFR 382.65. This order, in addition, directs the carrier to cease and desist from similar violations in the future and assesses a civil penalty of $1.2 million in compromise of the penalties otherwise assessable under 49 U.S.C. § 46301. Of the $1.2 million assessed penalty, American must pay $25,000 within 30 days of the service date of this order; American must pay an additional $75,000 within 12 months of the initial payment of $25,000; $800,000 shall be credited to American for the work it has already done since this investigation began to increase its quality of service to disabled air travelers;3 and $300,000 shall be credited to American for the work it has already done and continues to do to improve wheelchair service at its hub in St. Louis, Missouri.

We have also determined, on review of the materials submitted in the captioned docket and on the basis of our action here, that further investigation of Ms. Caplan’s complaint is neither warranted nor in the public interest. Accordingly, we will dismiss the complaint under 14 CFR 302.406. Although it is our opinion that reasonable grounds exist to believe that American’s conduct with regard to Ms. Caplan may have violated certain requirements of Part 382 and the ACAA, we also believe that the public interest concerns inherent in resolving any such violations are adequately addressed by the settlement reached in this case.5 This settlement renders further investigation of Ms. Caplan’s complaint, through the institution of a formal proceeding, not to be in the public interest.

By:  Rosalind Knapp

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