DOT FINES AIR CHINA AND FLIGHTHUB GROUP $300,000 EACH FOR VIOLATING AVIATION CONSUMER PROTECTION RULES
March 4, 2022
On February 9, 2022, the U.S. Department of Transportation (“DOT”) issued a press release, available here, announcing the issuance of civil penalties against Air China and the ticket agent, FlightHub Group, for alleged violations of certain federal statutes and DOT aviation consumer protection regulations. DOT’s assessment of civil penalties against the two entities comes as the Department continues its efforts to protect airline consumers from unfair and deceptive practices.
DOT fined Air China $300,000 for violations of the tarmac delay rule after DOT’s Office of Aviation Consumer Protection (“OACP”) determined that in 2018, the airline allowed two international flights to remain on the tarmac at JFK airport in New York City for over five hours without providing passengers an opportunity to deplane. OACP found this to be a violation of DOT’s tarmac delay rule, which, subject to certain limited exceptions, mandates that airlines’ international flights cannot remain on the tarmac for more than four hours at U.S. airports without providing passengers an opportunity to deplane and that carriers must take certain actions during the delay such as providing adequate food and water, ensuring lavatories are working, and providing medical attention to passengers during long delays if necessary.
In a separate investigation, OACP found that FlightHub Group and its Brand, JustFly.com violated the Department’s aviation consumer protection rules and federal law prohibiting unfair and deceptive practices by ticket agents by posting misleading online advertising displays. Specifically, OACP found that FlightHub Group had advertised prices for air transportation that were not actually available and, therefore, had failed to state the entire price to be paid for air transportation in its advertisements. OACP also accused FlightHub Group of making misrepresentations regarding fares, cancellation charges, and ticket refunds in connection with air transportation, and providing inaccurate information on the applicable fee for checked baggage in e-ticket confirmations. Given the OACP’s investigative findings, DOT fined FlightHub Group $300,000, which is the highest civil penalty ever assessed against a ticket agent.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
Share This Post
Authors
