jetBlue Airways Corp.

Order 2007-10-4
OST-2007-26781

Issued and Served October 3, 2007

Consent Order

This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings which revealed the failure of JetBlue Airways Corp. to provide on-time performance information to consumers in violation of 14 CFR Part 234 and 49 U.S.C. § 41712. This order directs JetBlue to cease and desist from future similar violations of Part 234 and section 41712, and assesses the carrier $30,000 in civil penalties.

The Enforcement Office’s investigation revealed a lack of compliance with section 234.11 by JetBlue employees. In a recent telephone survey conducted by that office, JetBlue failed to provide requested on-time performance information to callers on numerous occasions, and during several other calls in which on-time information was provided, different JetBlue reservations agents gave the callers varying information for the same flight.

In mitigation, JetBlue states that any non-compliance with section 234.11 was purely unintentional, as JetBlue is committed to providing consumers with on-time performance information, as well as all other required information, so that consumers can make an educated decision to fly JetBlue. Indeed, JetBlue points out, it prides itself on providing superior customer service for which it has been recognized with numerous awards. JetBlue believes this compliance issue can be addressed through improved training and retraining of its reservation agents. JetBlue states that it already has initiated a multi-faceted program designed to remedy any problem concerning the disclosure of on-time performance information. First, JetBlue states it will increase the training new reservation agents will receive to include specific instruction on the location and interpretation of on-time performance information. Second, JetBlue states it will retrain current reservation agents by placing calls to its own customer service number to test reservation agents’ ability to provide the required information. For those agents who cannot provide the requested information, JetBlue states it will follow up with additional training. Third, JetBlue states that, during in-person meetings between reservation agents and their supervisors over the next month, it will provide additional training concerning the proper disclosure of on-time performance information. Fourth, JetBlue states it has sent to all reservation agents an update concerning the proper disclosure of on-time performance that will remind reservation agents of DOT’s requirements and re-instruct agents on how to locate, interpret and provide on-time performance information when customers request it.

Despite the existence of these mitigating factors, we view seriously JetBlue’s failure to disclose on-time performance information as required by Part 234. Accordingly, after carefully considering all of the facts in this case, including those set forth above, the Enforcement Office believes that enforcement action is warranted. By this order, the Department finds that JetBlue failed to disclose the on-time performance of its flights in violation of 14 CFR Part 234 and 49 U.S.C. § 41712. In order to avoid litigation, and without admitting or denying the violations described above, JetBlue agrees to settle these matters with the Enforcement Office through the issuance of this consent order directing it to cease and desist from future similar violations of Part 234 and 49 U.S.C. § 41712 and assessing it $30,000 in compromise of potential civil penalties otherwise due and payable. We believe that this compromise assessment is appropriate and serves the public interest. It represents an adequate deterrence to future noncompliance with the Department's reporting requirements by JetBlue, as well as by other domestic air carriers.

By: Rosalind Knapp