DOT PROVIDES UPDATE ON AVIATION COMPLAINT, ENFORCEMENT, AND REPORTING SYSTEM
February 14, 2025
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DOT’s Office of Aviation Consumer Protection (“OACP”) recently provided an update on the Aviation Complaint, Enforcement, and Reporting System (“ACERS”). The system is getting a refresh and complaint handling protocols will change. The first implementation phase focuses exclusively on complaint submission and handling. Please note that airlines will now receive notification emails through ACERS via oacp@dot.gov when passengers submit complaints. For carriers that received 15 or more complaint submissions a month, OACP will forward the submissions via a secure large file transfer solution (i.e., ShareFile). If a carrier received 14 or fewer complaint submissions a month or if DOT received a physical letter, OACP will assign a generic code (so long as the submissions do not relate to civil rights, which will be coded in the traditional manner) and will forward submissions individually to the carrier.
OACP requests that airlines provide a copy of responses to all air travel service complaints that were referred to the airline by OACP. Please be advised that this differs from prior DOT practice, where the Department did not always request a copy of the carrier’s response. While copes of responses to consumer complaints should be provided to OACP within 60 days of receipt, copies of responses to civil rights complaints must be provided within 30 days. Copies of responses should be submitted to OACP via email (acpd-complaints@dot.gov). Carriers must ensure that each complaint forwarded by DOT receives a response with a copy provided to DOT. When implemented, DOT can easily monitor compliance with new procedures and thus carriers are encouraged to incorporate this new requirement into compliant handling processes.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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