Consorcio Aviacsa S.A. de C.V

Order 04-2-11
OST-04-16943 - Violations of 49 U.S.C. 41712 and 14 CFR 399.84

February 11, 2004

Consent Order

This consent order concerns advertisements published by Consorcio Aviacsa S.A. de C.V. that failed to comply with the Department's rule on full fare advertising, 14 CFR 399.84. In advertisements published in several widely circulated newspapers between June and November 2003, the carrier offered fares without disclosing all taxes and fees associated with the quoted fares. Under 14 CFR 399.84 and enforcement case precedent, ad valorem excise taxes must be included in any advertised fare, while certain additional charges can be stated separately but must be disclosed. The advertisements in question therefore violated the Department rule and constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712.

Aviacsa, in order to avoid litigation and without admitting or denying the alleged violations, agrees to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41712 and 14 CFR 399.84 in future advertisements and to an assessment of $15,000 in compromise of potential civil penalties, of which one‑half will be paid according the payment provisions described below.

By: Rosalind Knapp