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Northwest Airlines, Inc. Order 2007-6-12 Issued and Served June 18, 2007 This Consent Order concerns violations by Northwest Airlines, Inc. 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, upon request, a written explanation of its denied boarding policies. The order assesses Northwest a civil penalty of $40,000. During compliance inspections by the Department's Office of Aviation Enforcement and Proceedings at Ronald Reagan Washington National Airport and Baltimore Washington International Thurgood Marshall Airport, Northwest agents at various gates and ticket counters failed to produce Northwest's written denied boarding statement in response to specific requests by Enforcement Office staff. Instead, some agents provided Northwest's voucher guide, Customer Guide, and/or Contract of Carriage none of which contained the disclosures required by section 250.9, while another gate agent stated that he did not have any denied boarding forms stocked at his station and suggested that DOT representatives check at another gate. Only Northwest's supervisor-level employees (Customer Service Supervisors) were later able to provide the correct form. Northwest's failure to furnish its denied boarding statement upon request on the above-mentioned occasions violates the requirements of Part 250 and of 49 U.S.C. § 41712. In mitigation, Northwest states that it is firmly committed to ensuring that any passenger who relinquishes, either voluntarily or involuntarily, his or her seat on an oversold flight is treated fairly, properly advised, and compensated. Northwest further states that its agents do everything possible to avoid involuntarily denying boarding. In fact, Northwest's corporate goal is to avoid involuntarily denying boarding to any passenger. Accordingly, Northwest describes itself as having a well‑established program to train its employees and has adopted policies, procedures, and forms to address issues regarding potentially oversold flights, including soliciting volunteers and compliance with requirements of 14 CFR Part 250. By: Rosalind Knapp |
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