DOT REPORTS INCREASE IN CONSUMER COMPLAINTS; REMINDER ABOUT ANNUAL DISABILITY REPORTS
December 8, 2014
In early November, the U.S. Department of Transportation’s (DOT) Aviation Consumer Protection Division reported a significant uptick in consumer complaints as compared to last year. From January to September 2014, the Department received 12,350 consumer complaints, up from the total of 10,444 filed during the first nine months of 2013. This represented an 18.2 percent increase. DOT investigates each of the complaints it receives to determine the extent to which carriers are in compliance with federal aviation consumer protection regulations and routinely discusses with individual carriers spikes or significant variations in complaint types or complaint levels.
It is therefore very important not only to track and maintain a record of each consumer complaint that is received, but to ensure that all complaint response deadlines are met. 14 C.F.R. Part 382 requires that disability-related complaints be responded to, in writing, within 30 days. Pursuant to the Department’s “Enhancing Airline Passenger Protection” regulations, all other complaints must be acknowledged, in writing, within 30 days and a written substantive response must be provided to the complainant within 60 days. DOT is focusing its attention on this topic and recently fined Turkish Airlines $300,000 for systematically failing to meet its complaint response obligations.
Moreover, under 14 C.F.R. Part 382, carriers are required to report to DOT all disability-related complaints they received in 2014 for U.S. originating or destined passengers. This report must be submitted no later than January 26, 2015.
Carriers that did not receive any written disability–related complaints in calendar year 2014 are still required to file a “zero” report that shows no complaints. Failure to comply with the reporting requirement may subject a carrier to significant civil penalties. Both foreign and U.S. carriers have been fined by DOT in the past for failing to submit the required report.
The form must be filed through the following website: https://382reporting.ost.dot.gov/. If you do not already have a BTS account to complete this on-line filing, you can register to create an account on the website as well.
Please let us know if you require any assistance in completing or filing this form with DOT.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).