DOT SIDES WITH CARRIERS ON THREE COMPLAINTS
August 31, 2026
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On July 2, 2026, the Department of Transportation dismissed two complaints filed by Mike Borsetti.
The first complaint, dating back to April 2015, was filed against American Airlines. Borsetti alleged that American Airlines overcharged certain taxes for rewards flights, specifically claiming that the Italian Embarkation Tax should be 50 percent lower for children ages 2-12, yet he was charged the full adult rate. DOT found his claim regarding the tax discrepancy correct. However, the agency dismissed the complaint, citing “corrective measures” already taken by the airline and the “significant amount of time that has passed” since the incident.
The second complaint was filed on September 1, 2022, against JetBlue Airways. Borsetti alleged that JetBlue’s Schedule Change Policy was unfair and deceptive, arguing that the policy gave “zero weight” to preserving the originally ticketed time. JetBlue countered, stating that his claim lacked merit and support. Additionally, because Borsetti’s travel agent was able to reschedule his flight to a more desirable time at no extra cost, the DOT determined the complaint was moot. The agency sided with JetBlue, noting that the airline’s policies were “readily available and accessible to consumers” and that no deceptive practices had occurred. Ultimately, DOT found no enforcement actions were warranted in either Borsetti case.
Finally, on July 29, 2026, DOT sided with Avianca dismissing Nicholas Brown’s claim that the carrier engaged in unfair and deceptive practices by failing to honor its COVID-19 special provisions allowing penalty-free changes for award tickets. Brown claimed that in 2020, while attempting to reschedule an award ticket he had purchased through LifeMiles, Avianca failed to honor its penalty-free cancellation provision that was posted on its website. Avianca provided an Answer to Brown’s claim stating the matter was resolved privately to the satisfaction of Brown. The DOT dismissal stated that Avianca was unable to make the change because the award ticket was purchased through LifeMiles. Avianca encouraged Brown to reach out to LifeMiles, however Brown filed a formal complaint instead. In response to the formal complaint, LifeMiles made the requested schedule change and waived additional taxes as a show of goodwill. The DOT found, based on the totality of the circumstances, that Brown’s claim lacked evidence of unfair and deceptive practices because of “the parties’ resolution, and the significant amount of time that has passed since the incident occured.” Accordingly, no enforcement actions were taken.
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