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Order 2008-5-38 - AirTran Airways - Consent Order
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Order 2008-5-38 Issued and Served May 29, 2008 This consent order concerns fare displays by AirTran Airways on its website that failed to comply with the Department’s rule on full fare advertising, 14 CFR 399.84. The carrier’s website failed to include fuel surcharges applicable to advertised fares in certain markets. These advertising practices, in addition, constituted an unfair and deceptive trade practice and an unfair method of competition in violation of 49 U.S.C. § 41712. Based on these violations, this order assesses a compromise civil penalty of $45,000 and directs the carrier to cease and desist from future similar violations. The AirTran website, in late 2007, violated Department requirements by displaying fares which did not include a fuel surcharge. Information on the fuel surcharge the carrier applied in certain markets was deferred to secondary screens after the consumer had selected an itinerary; such charges must be included in the base advertised fare. The carrier, in response to the inquiries of the Office of Aviation Enforcement and Proceedings, has revised its site to include the fuel surcharge in all base fares. The revised website also provides a link adjacent to fares displayed on its initial screen with an explanation of the nature and amount of those charges. In mitigation, AirTran states that the fuel surcharge was incorrectly displayed because of an oversight in its internal review process that in the normal course would have identified the incorrect display. AirTran notes that the fuel surcharge at that time did not apply to all fares and staff was attempting to inform the consumer of those fares to which the announced surcharge did apply. AirTran, for its part, 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 and to an assessment of $45,000 in compromise of potential civil penalties of which $22,500 shall be paid within 30 days of the date of service of this order. The additional $22,500 will become immediately payable if AirTran violates the provisions of this order within the one-year period following issuance of this order. By: Rosalind Knapp |
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